Sasse to Offer Bill Protecting Abortion Survivors in Response to Virginia Controversy

Senator Ben Sasse (R-NE) will take to the Senate floor on Monday in an effort to pass his Born-Alive Abortion Survivors Protection Act in response to controversial comments made by Virginia Governor Ralph Northam (D) about what would happen to an infant that survives an abortion if a Virginia House bill he supports were to become law.

What did Northam say?

In an interview with radio station WTOP, Northam said the following about third trimester abortions "in cases where there may be severe deformities, there may be a fetus that is nonviable":

“If a mother is in labor the infant would be delivered. The infant would be kept comfortable. The infant would be resuscitated, if that’s what the mother and the family desired and then a discussion would ensue between the physician and the mother.”

What would the Virginia bill do?

The Virginia House has been debating a bill, H.B. 2491, offered by Del. Kathy Tran (D), which would make the following changes to the state’s abortion laws:

• It’d eliminate the requirement that two physicians concur with the primary physician’s opinion that a third trimester abortion is necessary to prevent the woman’s death or the “substantial and irremediable” impairment of her mental or physical health.
• Instead, only one physician would have to certify before a third trimester abortion that continued pregnancy would likely “result in the death of the woman or impair the mental or physical health of the woman.”
• Impairment isn’t defined in the bill, so it could be interpreted as including a wide array of physical or mental problems.
• It’d eliminate the requirement that abortions in the second or third trimester occur in a hospital and that an ultrasound is carried out prior to an abortion.
• It’d require that measures for life support be on hand and used if there is any clearly visible evidence of viability.

The committee considering the bill tabled it in a 5-3 vote, so it is unlikely to be considered for the rest of Virginia’s legislative session.

What would Sasse’s bill do?

The Born-Alive Abortion Survivors Protection Act (S.130) would:

• Require healthcare providers to extend “reasonably diligent and conscientious care” to an infant born alive following an attempted abortion.
• Healthcare providers would be required to take appropriate steps to save the infant’s life given its age and health, and immediately transport and admit the infant to a hospital.
• If a healthcare provider fails to comply with those requirements they would face fines and up to five years imprisonment, or potentially murder charges if their actions lead to the born alive infant’s death.
• The mother of the child that is born alive couldn’t face prosecution under this legislation. She could, however, file a civil lawsuit against the healthcare provider for compensatory and punitive damages.

What happens Monday?

Sen. Ben Sasse (R-NE) is planning to do take two tracks to get the Senate to take up his bill:

• He will ask for unanimous consent that the Senate consider and pass his Born-Alive Abortion Survivors Protection Act (S.130).
• In the event that his unanimous consent request is rejected (which seems likely given the House’s party-line vote on a similar bill in the last Congress), Sasse will add the bill to the Senate calendar by using Rule 14 ― which allows its consideration on the floor without being reported by a committee. It could then be debated at a time designated by Majority Leader Mitch McConnell (R-KY).

— Eric Revell

(Photo Credit: iStock.com / meenon)