Like Countable?

Install the App
TRY NOW

senate Bill S. 311

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.

Mark's Opinion
···
02/24/2019
I fully support S.311 sponsored by Senator Ben Sasse. And as your constituent I would very much appreciate your support as well. These precious children who survived an abortion attempt have God-given & Constitutional rights just like any other person. Any abortion provider who fails to take all measures to protect the infants life after birth should be charged with murder. Further, our nation is at a crossroads. A day is coming where all of these wrongs will be righted. Reasonable people would certainly prefer that this be done through legislation and regulation. The silent majority has had just about enough of the left’s blood thirsty, boundless evil and insanity.
Like (57)
Follow
Share
Cindy's Opinion
···
02/24/2019
Truly unbelievable we in America have to have a bill protecting newborn babies. Pathetic
Like (28)
Follow
Share
Caren's Opinion
···
02/24/2019
Yes, absolutely yes! If healthcare workers don’t make every attempt to save the life of a baby that has been born then they should be charged with negligence at the bare minimum and with murder. Abortion is legalized murder in the first place. If someone murders someone they are sentenced to life in prison or they get a death sentence. At the time of conception a human begins forming. This is a life—a human life. If at any time this life is ended by the consent of the parents and at the hands of the medical staff it is murder! A living human being has been destroyed!! Unfortunately this heinous act has been legalized and allowed in this country. Yes! If every attempt isn’t taken to save the baby’s life then the healthcare staff should be charged and held accountable for murder and go to jail and perhaps they should receive the death penalty!!
Like (22)
Follow
Share

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.

Kodiwodi's Opinion
···
02/24/2019
The government needs to back off healthcare workers who have a difficult enough job each and every day without congress and senators looking over their shoulders trying to play God. You cannot demand outcomes in healthcare. Especially when you don’t put the necessary funding into it to begin with. You don’t kill the messenger.
Like (123)
Follow
Share
Betsy's Opinion
···
02/24/2019
This bill is based on a severe misunderstanding of the reasons why late-term abortions occur. Most late-term abortions are wanted pregnancies in which either the fetus has severe abnormality such that they are unlikely to survive more than minutes to hours, or when the pregnancy is putting the mother’s life at risk. No healthcare provider should be punished for failing to keep alive an infant that could not survive anyway, nor for saving a mother’s life. This law will not save any infants lives but will endanger women with complicated pregnancies. If you place a high value on life, then you will vote no on this ill-thought out bill.
Like (84)
Follow
Share
Reinier's Opinion
···
02/24/2019
This is redundant and useless, doctors already save infants during failed abortions. Aren’t republicans and conservatives all about less government? If so, they should start practicing what they preach and keep big government away from our doctors. Protect our doctors!
Like (75)
Follow
Share

bill Progress


  • Not enacted
    The President has not signed this bill
  • The house has not voted
  • The senate has not voted
    IntroducedJanuary 31st, 2019

What is Senate Bill S. 311?

This bill 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.

This legislation would take effect one day after its enactment.

Impact

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

Cost of Senate Bill S. 311

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.”

Sasse tried to bring his bill to the floor for a vote by asking unanimous consent, but Sen. Patty Murray (D-WA) objected and blocked the bill. Sasse thanked Senate Majority Leader Mitch McConnell (R-KY) for scheduling a floor vote on his bill, issuing the following statement:

“I want to thank the Majority Leader for scheduling this vote so that every American can know where their Senator stands on the issue of infanticide. A lot of Senators spend a lot of time telling people how they fight for the little guy. Well, here’s the chance for them to prove it. We’re going to have a vote on the Born-Alive Abortion Survivors Protection Act and everyone is going to have to put their name by their vote. It’s cowardly for a politician to say they’ll fight for the little guy but only if the little guy isn’t an actual seven-pound baby who’s fighting for life. It shouldn’t be hard to protect newborn babies - let’s pass this legislation.”

This legislation has the support of 49 cosponsors, all of whom are Republicans.


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, limited research indicates that isn’t the case. A 2018 Congressional Research Service report quoted Diana Greene Foster, a lead reproductive health investigator at UCSF’s Bixby Center for Global Reproductive Health, as saying she believes abortions for fetal anomaly “make up a small minority of later abortion” and that those for life endangerment are even harder to characterize.

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 / Coral222)

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.

    I fully support S.311 sponsored by Senator Ben Sasse. And as your constituent I would very much appreciate your support as well. These precious children who survived an abortion attempt have God-given & Constitutional rights just like any other person. Any abortion provider who fails to take all measures to protect the infants life after birth should be charged with murder. Further, our nation is at a crossroads. A day is coming where all of these wrongs will be righted. Reasonable people would certainly prefer that this be done through legislation and regulation. The silent majority has had just about enough of the left’s blood thirsty, boundless evil and insanity.
    Like (57)
    Follow
    Share
    The government needs to back off healthcare workers who have a difficult enough job each and every day without congress and senators looking over their shoulders trying to play God. You cannot demand outcomes in healthcare. Especially when you don’t put the necessary funding into it to begin with. You don’t kill the messenger.
    Like (123)
    Follow
    Share
    This bill is based on a severe misunderstanding of the reasons why late-term abortions occur. Most late-term abortions are wanted pregnancies in which either the fetus has severe abnormality such that they are unlikely to survive more than minutes to hours, or when the pregnancy is putting the mother’s life at risk. No healthcare provider should be punished for failing to keep alive an infant that could not survive anyway, nor for saving a mother’s life. This law will not save any infants lives but will endanger women with complicated pregnancies. If you place a high value on life, then you will vote no on this ill-thought out bill.
    Like (84)
    Follow
    Share
    This is redundant and useless, doctors already save infants during failed abortions. Aren’t republicans and conservatives all about less government? If so, they should start practicing what they preach and keep big government away from our doctors. Protect our doctors!
    Like (75)
    Follow
    Share
    This is absurd nonsense reflecting complete ignorance of how late-term abortions are done. It is an insult to the medical profession and to women whose lives depend on these procedures, and it panders to fear-mongers and misogynists. The concern about the care of these babies simply highlights the hypocrisy of people who are quite comfortable with denying children healthcare, decent food and housing, and - as we have seen on our southern border - even the comfort of their parents.
    Like (71)
    Follow
    Share
    Infants born following an attempted abortion: Partisan politics and fear-mongering, rather than legitimate legal or medical needs, are the motivation behind this bill. We have laws on the books already covering this!
    Like (49)
    Follow
    Share
    No healthcare providers are going to want to provide late-term abortions under any circumstances with this kind of law in place. This law could threaten the life and health of women who need an abortion under these very rare circumstances. The GOP is again creating a solution in search of a problem.
    Like (43)
    Follow
    Share
    Republicans are concerned about this, while cutting access of poor people to health care, food, housing and education. They want to see a child born, but not a child fed, clothed, housed or taught. They pander to their base but allow poverty in the US to expand. Hypocrites.
    Like (41)
    Follow
    Share
    This is more anti-choice fear mongering. LEAVE WOMENS HEALTHCARE UP TO WOMEN AND THEIR DOCTORS.
    Like (40)
    Follow
    Share
    We trust doctors to do the ethical thing in all situations for their patient and child. Let’s continue to do this
    Like (29)
    Follow
    Share
    Though this sounds humane, the punitive aspects are designed to penalize anyone related to performing an otherwise LEGAL procedure. This is a blatant attempt to ban all such procedures which is intrusive to legitimate medical procedures.
    Like (28)
    Follow
    Share
    Truly unbelievable we in America have to have a bill protecting newborn babies. Pathetic
    Like (28)
    Follow
    Share
    Yes, absolutely yes! If healthcare workers don’t make every attempt to save the life of a baby that has been born then they should be charged with negligence at the bare minimum and with murder. Abortion is legalized murder in the first place. If someone murders someone they are sentenced to life in prison or they get a death sentence. At the time of conception a human begins forming. This is a life—a human life. If at any time this life is ended by the consent of the parents and at the hands of the medical staff it is murder! A living human being has been destroyed!! Unfortunately this heinous act has been legalized and allowed in this country. Yes! If every attempt isn’t taken to save the baby’s life then the healthcare staff should be charged and held accountable for murder and go to jail and perhaps they should receive the death penalty!!
    Like (22)
    Follow
    Share
    This is a ploy to frighten and enable anti-abortionists. Let’s talk about the real issue...women’s health needs.
    Like (20)
    Follow
    Share
    This is not a thing that happens. The sponsors of this bill are lying. Stop attacking women and their doctors.
    Like (17)
    Follow
    Share
    This bill is just a punishment on doctors who take care of women and their needs. There will be no doctors left who will deliver babies and deliver healthcare to women. I think to sew a picture of a full-term healthy baby is very misleading. late term delivery of babies who are non-viable should not be saved. All obstetricians who deliver babies late term would call a pediatric team for the infant especially if the baby needs to be delivered to save the mothers life. This is a ridiculous unnecessary law that punishes women and their doctors.
    Like (16)
    Follow
    Share
    PLEASE STOP....abortion is NOT a football to be tossed around by REPUBLICAN men...Women and Physicians do not do these procedures unless MEDICALLY necessary.
    Like (15)
    Follow
    Share
    I'm more concerned about those babies and children who are already born and living in abject poverty and starving, who lack proper healthcare and are dying, who are in cages at the border crying for their mothers, who are unwanted and shuffled between foster homes, who are slaughtered damn near daily by crazy shooters. Etc etc etc... But it seems that those who profess to be pro-life don't bother with children in need who are already born and living. What? Do you think a mother at 7,8,9 months pregnant just decides they don't want to be pregnant anymore and flippantly go off to abort the pregnancy? Late term abortions occur because something terrible has happened to either the fetus or the mother. Who will care for these babies that are saved after an abortion? Pro-lifers? Riiiiiiiight.... You people aren't pro-life, you're pro-fetus. You're not pro-life, you're pro-hypocrite. GOP extols small government. Keep the government out of our business. Blah blah blah... Grover Norquist stated once: "Let's shrink the government small enough to drown in a bathtub." Except where control over female reproductive health is concerned. Then GOP has its nose all up into her uterus. I don't support this faux Born Alive Abortion Survivors Protection Act because there is nothing altruistic about it.
    Like (14)
    Follow
    Share
    Because it is murder. The left has an insatiable desire for blood. Abortion in the womb is bad enough, now they want to move the goalposts to post birth? Disgusting
    Like (13)
    Follow
    Share
    Get the government out of healthcare. It’s not meant to intervene here with personal medical choices.
    Like (13)
    Follow
    Share
    MORE