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senate Bill S. 130

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.

BlueSphere's Opinion
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02/02/2019
An infant born alive should receive medical care, no question. I am pro-choice, to a point. (I support first-trimester abortions, but not third-trimester.) But it is unconscionable to me that an infant born ALIVE would be left to die.
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SneakyPete's Opinion
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02/03/2019
👍🏻👦🏼 Born-Alive Abortion Survivors Protection Act 🧒🏼👍🏻 I remain strongly in full support of and recommend the passage of the “Born-Alive Abortion Survivors Protection Act” which 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. I’m also in strong support of Senator Ben Sasse (R-NE) taking to the Senate floor, in an effort to gain bi-partisan support, to pass his Born-Alive Abortion Survivors Protection Act. It’s his 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. His Born-Alive Abortion Survivors Protection Act is more about the survivability of a “BORN-ALIVE” infant than, as the recurring “It’s A Mothers” decision whether a child lives or dies AFTER being born alive. SneakyPete.......... 👍🏻🧒👍🏻👦🏾👍🏻. 2*3*19.........
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Thomas's Opinion
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02/03/2019
Letting die or killing a child which is born live is no better than ancient religions which sacrificed their children to their false Gods. How uncivilized can our society get?
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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.

Christin's Opinion
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02/03/2019
Fetuses being aborted late term are rarely, if ever viable. These are usually pregnancies that were wanted until a severe life threatening defect was discovered. The idea that a full term woman just decides to end a healthy pregnancy is a sick fantasy dreamt up to punish already suffering women. Enough of this nonsense!!
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Dara's Opinion
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02/03/2019
This legislation is beneath an educated population. No healthcare provider should EVER be punished for political policies. Shame on the religious community for their intolerance. We have separation of church and state for this very reason. We are not all religious or one religion. America is about personal choices not government over reach.
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Courtney's Opinion
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02/03/2019
Late-term abortions are reserved for pregnancies that aren’t viable, and are almost always performed on women who wanted the child. You’re putting them through unnecessary pain with this and many other bills. They’re already losing a child they’d been looking forward to protecting and nurturing, they don’t need to deal with bullshit from people who have no clue what’s going on. This is an awful bill, do not pass it.
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bill Progress


  • Not enacted
    The President has not signed this bill
  • The house has not voted
  • The senate has not voted
      senate Committees
      Committee on the Judiciary
    IntroducedJanuary 15th, 2019

What is Senate Bill S. 130?

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 Senate Bill S. 130

A CBO cost estimate is unavailable.

More Information

In-Depth: Sen. Ben Sasse (R-NE) introduced this bill to protect infants born alive after an attempted abortion in response to a bill to expand access to late-term abortions under consideration in Virginia, which the state’s governor spoke in favor of:

“Here’s just one of the ugly nuggets from Ralph Northam, the Governor of Virginia. “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.”...

Everyone in the Senate ought to be able to say unequivocally that killing that little baby is wrong. This doesn’t take any political courage. And, if you can’t say that, if there’s a member of this body that can’t say that, there may be lots of work you can do in the world but you shouldn’t be here. You should get the heck out of any calling in public life where you pretend to care about the most vulnerable among us. There should be no politics here that are right vs. left, or Republican vs. Democrat. This is the most basic thing you could be talking about. We’re talking about a little baby born alive and we have a public official in America defending the idea “Well, you could have a debate about killing her.””

Northam’s communications director attempted to clarify the governor’s comments in the following statement (the VA bill has since been tabled by the state House):

“No woman seeks a third trimester abortion except in the case of tragic or difficult circumstances, such as a nonviable pregnancy or in the event of severe fetal abnormalities, and the governor’s comments were limited to the actions physicians would take in the event that a woman in those circumstances went into labor.”

This legislation has the support of 40 cosponsors in the Senate, all of whom are Republicans. In the 115th Congress, the GOP-controlled House passed a similar bill on a 241-183 party-line vote, but it stalled in the Senate.


Of Note: The 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 “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 survivors is difficult to come by in the U.S. 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 / Pablo_K)

AKA

Born-Alive Abortion Survivors Protection Act

Official Title

A bill 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.

    An infant born alive should receive medical care, no question. I am pro-choice, to a point. (I support first-trimester abortions, but not third-trimester.) But it is unconscionable to me that an infant born ALIVE would be left to die.
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    Fetuses being aborted late term are rarely, if ever viable. These are usually pregnancies that were wanted until a severe life threatening defect was discovered. The idea that a full term woman just decides to end a healthy pregnancy is a sick fantasy dreamt up to punish already suffering women. Enough of this nonsense!!
    Like (373)
    Follow
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    This legislation is beneath an educated population. No healthcare provider should EVER be punished for political policies. Shame on the religious community for their intolerance. We have separation of church and state for this very reason. We are not all religious or one religion. America is about personal choices not government over reach.
    Like (199)
    Follow
    Share
    Late-term abortions are reserved for pregnancies that aren’t viable, and are almost always performed on women who wanted the child. You’re putting them through unnecessary pain with this and many other bills. They’re already losing a child they’d been looking forward to protecting and nurturing, they don’t need to deal with bullshit from people who have no clue what’s going on. This is an awful bill, do not pass it.
    Like (149)
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    Listen to the women! Men making decisions about women’s bodies is unconscionable and indefensible.
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    This is another Republican attempt to stir people up about abortion. These MEN who keep this stupid “life” thing going when THEY are NOT RIGHT TO LIFE ONLY RIGHT TO BIRTH. FORGET ANY HELP FROM THEM ONCE THAT CHILD GETS HERE. Another thing. What the heck is a 4th trimester Tri means 3, you nincompoops. How stupid you don’t even know what you’re trying to legislate. Delivering a baby late in the third trimester, that has no chance of living outside the womb, is not murder or abortion. It’s delivering a child that was wanted and allowing the parents to grieve.
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    WTF is wrong with Republicans, with their fixation on abortion? There are separated families at the border and the White House didn’t bother to keep count; the number of uninsured children is rising; maternal morbidity is rising to 3rd world numbers; SNAP benefits are being cut; the Violence Against Women Act is set to expire - and THIS is somehow a priority? Unbelievable.
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    I believe this bill is a political kabuki theatre.
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    This is another media hype by the GOP! Along with their “fourth trimester” comments, just to stir people up about abortion. Unless I’m mistaken, there is no such thing as a fourth trimester...the tri specifies THREE...but if you are Trump or the GOP I guess details don’t matter, or don’t matter if you are in Virginia?? Delivering a baby late in the third trimester, that has no chance of living outside the womb, is not murder or abortion in my opinion. It’s delivering a child that was wanted and allowing the parents to grieve.
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    👍🏻👦🏼 Born-Alive Abortion Survivors Protection Act 🧒🏼👍🏻 I remain strongly in full support of and recommend the passage of the “Born-Alive Abortion Survivors Protection Act” which 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. I’m also in strong support of Senator Ben Sasse (R-NE) taking to the Senate floor, in an effort to gain bi-partisan support, to pass his Born-Alive Abortion Survivors Protection Act. It’s his 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. His Born-Alive Abortion Survivors Protection Act is more about the survivability of a “BORN-ALIVE” infant than, as the recurring “It’s A Mothers” decision whether a child lives or dies AFTER being born alive. SneakyPete.......... 👍🏻🧒👍🏻👦🏾👍🏻. 2*3*19.........
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    I believe most healthcare workers know what they are doing and generally they are trusted to the best work possible (at the risk of any malpractice suits, etc). Furthermore regarding late abortions, according to the guttmacher institute, https://www.guttmacher.org/state-policy/explore/state-policies-later-abortions, most states already have policies for later abortions. So, in my opinion, this bill is unnecessary and I would definitely urge my representatives to vote no on this.
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    Late in the pregnancy, this is alway a hard medical matter. The pregnancy isn’t progressing correctly and either the mother is in danger or the pregnancy isn’t viable. This is already a devastating situation for the women. Stay out of it.
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    Letting die or killing a child which is born live is no better than ancient religions which sacrificed their children to their false Gods. How uncivilized can our society get?
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    When will we recognize that measures like this are a political agenda? Scare tactics. It's purpose is obvious and it is reprehensible.
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    Fetuses being aborted late term are rarely, if ever viable. These are usually pregnancies that were wanted until a severe life threatening defect was discovered. The idea that a full term woman just decides to end a healthy pregnancy is a sick fantasy dreamt up to punish already suffering women. Enough of this nonsense!!
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    This “late term abortion killing of a viable “ is a very rare or ~ non- existent issue. This traumatic situation should be left up to the woman, her family & her doctor. Government should STAY OUT of this!! This is literally a TRUMPED-UP issue intended to inflame the anti abortion voters!
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    No.
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    As a strong pro life conservative I’m in full support of this bill as written. Every child that can be saved must be. Each life is a gift from God. #MAGA
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    Late term abortions are done for medical reasons. This is a GOP propaganda stunt that is at the expense of women and babies health. Vote against this and take a real stand for life and health.
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    The truth is what Christin wrote. These are not fetuses who can survive. They should certainly be given comfort care, as is the right of all. Relieving any suffering is the number one priority and all measures should be weighed in that context.
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