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house Bill H.R. 962

Punishing Healthcare Providers For Not Trying to Save Infants Who Survive Attempted Abortions

Argument in favor

Infants born following an attempted abortion have rights under the Constitution just like any other person. Healthcare providers who fail to provide the necessary medical care should be held criminally accountable and charged with murder if the infant dies.

Mary ann's Opinion
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08/20/2019
What has this Country come to? Killing a baby born alive is MURDER and the physician should be prosecuted if they don’t do everything possible to save them. President Bush signed legislation in 2002 to protect those born alive, but fell short by not spelling out that it would be prosecutable to KILL THE INFANT! DO THIS RIGHT. PASS THIS LEGISLATION. PROTECT THE UNBORN EXCEPT EXTREME CIRCUMSTANCES: Rape & Incest.
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NMGrandpa7's Opinion
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last Monday
The key issue is “born alive “ that changes thins from abortive procedure to saving the life of a child. Huge difference
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Kathy's Opinion
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08/22/2019
The thought of anyone objecting to not doing everything to save a baby, even one that is not wanted by the mother, should be abhorrent. The baby needs to be medically helped and given every opportunity to live. The woman who chose this should then lose custody and the child should go up for adoption immediately. There are thousands of parents waiting for a child.
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Argument opposed

Partisan politics and fear-mongering, rather than legitimate legal or medical needs, are the motivation behind this bill. It would deter abortion providers from using procedures to keep a fetus intact so its tissue can be used for research.

Brian's Opinion
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08/21/2019
Just another waste of time. This bill is not about saving infants. Especially when there are already laws that prohibit infanticide. It’s about stopping women from making decisions about their health and making it harder for them to seek an abortion and convicting physicians for doing their sworn service to society. These politicians don’t want to protect children. If they did they would put less money into the already overblown military budget and make sure that the homeless and poverty stricken children who are already here can eat and have a good education. This is a waste of our tax dollars!
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Mark's Opinion
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09/01/2019
Wha…? Seems to me that if an infant is “born-alive”, then it’s, well,…born—and therefore covered by existing laws regarding manslaughter/homicide. This sounds to me like nothing more than a stunt to curry favor with a political base.
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Michael's Opinion
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06/11/2019
‪Just stop already. What follows is the law that is already in place and the reason no one will vote for the one they keep bringing up. It already is a law. congress.gov/bill/107th-con… #NotYourBodyNotYourChoice #NotYourBeliefsNotYourChoice‬
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bill Progress


  • Not enacted
    The President has not signed this bill
  • The senate has not voted
  • The house has not voted
      house Committees
      Committee on the Judiciary
      Crime, Terrorism and Homeland Security
    IntroducedFebruary 5th, 2019

What is House Bill H.R. 962?

This bill ― the Born-Alive Abortion Survivors Protection Act ― would require healthcare providers to provide “reasonably diligent and conscientious care” to an infant born alive following an attempted abortion. Providers would have to take the appropriate steps to save the life of an infant given its age and health, and immediately transport and admit the infant to a hospital. If a healthcare provider fails to comply with these requirements they could be punished with fines or up to five years in prison, or be tried for murder if their actions lead to the death of a born alive infant. The mother of the child that is born alive could not be prosecuted under this legislation, as it only applies to healthcare providers.

If a healthcare provider, or employee of a physician’s office, hospital, or abortion clinic knows about a failure to comply with the requirements established by this bill, they would be legally responsible for reporting the incident to a state or federal law enforcement agency.

Women who give birth to born alive infants could file civil suits against healthcare providers and could be awarded:

  • Compensation for physical and psychological injury;
  • Statutory damages for up to three times the cost of the abortion or attempted abortion; and
  • Punitive damages.

The loser of a civil suit would be required to pay the winner’s attorney’s fees.

Impact

Women seeking abortions, born alive infants, health care providers, and federal and state law enforcement.

Cost of House Bill H.R. 962

A CBO cost estimate is unavailable.

More Information

In-DepthSponsoring Rep. Ann Wagner (R-MO) introduced this bill to punish healthcare providers who fail to provide care to an infant born alive following an attempted abortion:

“I have been horrified to watch radical Democratic legislators argue that babies who survive abortions should not be given the same level of medical care that all other newborn babies receive. Congress must act to protect those who cannot protect themselves. That is why I introduced the Born Alive Abortion Survivors Protection Act, which merely ensures that babies who survive abortions receive immediate, lifesaving care—just as any other baby would. To my colleagues, this is the simplest vote you will ever take: either you support babies being killed after they are born or you don’t. It is time to go on the record and make clear if you think babies born alive deserve medical care, or if you think they should be left to die."

It came in response to Virginia Gov. Ralph Northam’s (D) explanation of a since-tabled bill that was criticized as an endorsement of infanticide:

“If the 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.”

Northam’s office said critics were trying to “extrapolate” his comments “in bad faith” because he has worked to care for children his whole life and “any insinuation otherwise is shameful and disgusting”.

When this bill’s Senate companion (S. 311), introduced by Sen. Ben Sasse (R-NE), received a vote on the floor several Democratic senators spoke in opposition to it. Sen. Tina Smith (D-MN) said it “puts Congress in the middle of important medical decisions that patients and doctors should make together without political interference and “forces physicians to provide inappropriate medical treatment.” The legislation failed to gain the 60 votes needed to limit debate after a 53-44 vote , in which Democratic Sens. Bob Casey (PA), Joe Manchin (WV), and Doug Jones (AL) joined all Republicans by voting in favor.

This legislation has the support of 190 House cosponsors, including 187 Republicans and three Democrats. House Republicans have attempted to bring this legislation to the floor using a discharge petition and have asked for unanimous consent to vote on the bill 80 times prior to the beginning of the 2019 August recess. The discharge petition has 201 signatures from House lawmakers as of August 20, 2019, and if it reaches 218 signatures it will be called up for a vote.


Of NoteThe Born-Alive Infants Protection Act, signed into law by President George W. Bush in 2002 after unanimously passing Congress, clarifies that for the purpose of federal law the terms “person”, “human being”, “child”, and “individual” include every infant born alive — whether the birth is the result of labor, c-section, or induced abortion. It doesn’t contain its own criminal penalties or enforcement mechanisms to hold abortion providers accountable for failing to provide medical attention and care to infants born alive.

According to the Guttmacher Institute, there are 24 states that impose abortion bans after a certain number of weeks, 17 of which ban abortion at about 20 weeks post-fertilization or its equivalent of 22 weeks on the grounds that the fetus can feel pain. Globally, only the U.S., Canada, North Korea, China, Singapore, Vietnam, and the Netherlands allow elective abortions after 20 weeks of pregnancy according to Politifact.

Between 8,000 and 15,000 late-term abortions (at or after 21 weeks of gestation) are performed in the U.S. each year according to 2015 data gathered by the Centers for Disease Control and the 2008 Perspectives on Sexual and Reproductive Health report.

While it’s often said that women who seek late-term abortions do so because of fetal abnormalities or danger to their life if the fetus was delivered, a 2013 study by researchers at the University of California, San Francisco noted that limited “data suggest most women seeking later terminations are not doing so for reasons of fetal anomaly or life endangerment.” Of the women in the study seeking late-term abortions 43% reported that they didn’t realize they were pregnant and 37% had trouble deciding whether to have an abortion. Once they decided to have an abortion, 65% reported the procedure’s cost as a barrier.

In some instances, abortions fail and an infant is born alive — although data on the number of times that occurs is hard to come by because states aren’t required to report data on the subject. Several states and the Centers for Disease Control (CDC) have released relatively recent data regarding cases of infants surviving attempted abortions:

Those numbers were disputed by a doctor from Physicians for Reproductive Health, who told Fox News:

“These data are likely reflecting cases in which a woman has a wanted pregnancy but is unable to continue it, where she makes the decision with her doctor to end the pregnancy through induction of labor. Examples may include a woman who has life-threatening bleeding before her baby is viable, who was in a car accident and has severe injuries that would require labor to be induced, or who received a fetal diagnosis that was incompatible with life.”

In 2015, the House Judiciary Committee heard testimony from Melissa Ohden, the founder of the Abortion Survivors Network


Media:

Summary by Eric Revell

(Photo Credit: iStock.com / NanoStockk)

AKA

Born-Alive Abortion Survivors Protection Act

Official Title

To amend title 18, United States Code, to prohibit a health care practitioner from failing to exercise the proper degree of care in the case of a child who survives an abortion or attempted abortion.

    What has this Country come to? Killing a baby born alive is MURDER and the physician should be prosecuted if they don’t do everything possible to save them. President Bush signed legislation in 2002 to protect those born alive, but fell short by not spelling out that it would be prosecutable to KILL THE INFANT! DO THIS RIGHT. PASS THIS LEGISLATION. PROTECT THE UNBORN EXCEPT EXTREME CIRCUMSTANCES: Rape & Incest.
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    Just another waste of time. This bill is not about saving infants. Especially when there are already laws that prohibit infanticide. It’s about stopping women from making decisions about their health and making it harder for them to seek an abortion and convicting physicians for doing their sworn service to society. These politicians don’t want to protect children. If they did they would put less money into the already overblown military budget and make sure that the homeless and poverty stricken children who are already here can eat and have a good education. This is a waste of our tax dollars!
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    Another ridiculous bill. Infanticide is already prohibited by law.
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    Killing a baby born into this world is already a crime.
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    Wha…? Seems to me that if an infant is “born-alive”, then it’s, well,…born—and therefore covered by existing laws regarding manslaughter/homicide. This sounds to me like nothing more than a stunt to curry favor with a political base.
    Like (2)
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    ‪Just stop already. What follows is the law that is already in place and the reason no one will vote for the one they keep bringing up. It already is a law. congress.gov/bill/107th-con… #NotYourBodyNotYourChoice #NotYourBeliefsNotYourChoice‬
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    I oppose this bill. It casts medical professionals as puts undue pressure on a doctor, nurse or other medical professionals &
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    This is a ridiculous example of right to life lies that are spread like wildfire to gullible target groups. This is nonsense and shameful!
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    There are already laws for murder. Doctors have a Hippocratic Oath. This act is a solution to a problem that does not exist.
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    This is how the Nationalist Socialist part (NAZI Party) start with its campaign of eliminating undesirsbles, starting with those that have no voice. Over the decades the left has used the term NAZI to describe the right during hot button issues. I HAVE DONE THE RESEARCH AND DISCOVERED THE ONLY REASON FOR THIS COMPARISON IS THST HISTORY SHOWS THE NAZIS COMING FROM THE RIGHT. HOWEVER, IN FACT, THE BEHAVIORS OF THE LEFT CLOSELY ALIGN WITH THE NAZIS. IT IS THE LEFT THAT WANTS INDISCRIMINATE KILLING OF UNDESIRABLES, PREVENTING DELEGATES (NAMELY CALIFORNIA) FROM ATTENDING PRIMARY CACUSES, BEATING UP TRUMP SUPPORTERS, HAVE A STRONG ARM GROUP (ANTIFA), CONTINUE TO THWART OUR DEMOCRACY THROUGH CONTINUOUS LEGAL ACTION, PERSECUTE THE INNOCENT WITHOUT TRIAL (KAVANAUGH HEARINGS), ETC. MY RESEARCH SHOWED THE ONLY COMMONALITIES BETWEEN THE U.S. RIGHT AND THE NAZI PARTY WAS THEY BOTH WERE ON THE RIGHT AND RELIGION. SHAMEFUL THAT WE--AS A FREE SOCIETY THAT PROMOTES INDIVIDUAL RIGHTS--HAVE A NAZI SEGEMENT (LEFTIST) THAT ARE CONTRARY TO THE FOUNDATION OF THIS NATION!
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    Terminations happen for many reasons. Terminations need to be available to all who may require them.
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    This a medical matter, not a legal one.
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    This sounds as if the physician keeps baby alive and admit it into the hospital it is not the mother that recieves the responsibility for all the incurred charges. That must mean the doctor is? Absolute BS. My body my choice is the cry of the day. That should be my body my responsibility.
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    These are the most innocent and smallest of humans. Any child who survives an attempt to take its life should be protected and given life-saving help.
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    This is a scare tactic, made up bs by the far right. It doesn't need legistlation, as no physician will ever be prosecuted under it. Seriously who believes this garbage
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    Abortion isn’t murder. It’s a chance.
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    All those idiots on the "Yea" side of the screen... How f***ing stupid are you s**tbags? They do not kill babies that are born alive! That isn't a thing! Stop listening to retarded Conservative politicians and their echobox Faux News. IT ISN'T A THING! IT IS FEAR MONGERING TO MAKE YOU MORE COMPLIANT SHEEPLE. And you f***ing morons are eating that s**t up like caviar.
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    Isn’t this already a given? They say Americans only pursue 10% of knowledge. Obviously, rehashing old issues proves that few bother with the deep understanding of history. This is tiresome.
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    The thought of anyone objecting to not doing everything to save a baby, even one that is not wanted by the mother, should be abhorrent. The baby needs to be medically helped and given every opportunity to live. The woman who chose this should then lose custody and the child should go up for adoption immediately. There are thousands of parents waiting for a child.
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    From the information provided in the summary of the bill, I'm intrigued as to what possible reasons there could be for this legislation to be stalled. Political shuffling over the potential loss of life of even a single child is beneath even our enemies who we accuse of atrocities.
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