Today, the United States Senate voted on an anti-infanticide bill introduced by Senator Ben Sasse (R-Neb.), the Born-Alive Abortion Survivors Protection Act. The legislation needed 60 votes to pass, and it failed by a vote of 53 in favor and 44 against. The bill stated that “if an abortion results in the live birth of an infant, the infant is a legal person for all purposes under the laws of the United States, and entitled to all the protections of such laws.”
The 2002 Born Alive Infants Protection Act, signed into law by President George W. Bush, established that any child born alive — even as the result of an abortion — is to be legally considered a “person”, “human being,” “child”, and “individual” in federal law. However, that law contained no penalties for those who choose not to follow it. Senator Sasse’s bill included penalties for abortionists who break the law, including a fine and/or imprisonment for up to five years.
The bill would also have allowed a woman to take legal action against an abortionist who breaks this law. The bill states that any child who accidentally survives an abortion must be treated with “the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious health care practitioner would render to any other child born alive at the same gestational age” and would make certain that “the child born alive is immediately transported and admitted to a hospital.” In addition, the bill requires the mandatory reporting of violations. READ MORE