A bill to establish standards of care for babies born alive after failed abortions passed along party lines in the House on Jan. 23.
The 217–204 vote followed a heated debate in the chamber, during which Republicans stressed that the bill was not about abortion but the babies who survive the procedure.
“As a physician, it is beyond my comprehension that anyone would not intervene to save an innocent and defenseless human life,” Rep. Gregory Murphy (R-N.C.) said, defending the bill on the House floor.
“Neglect is harm. Neglect is immoral. Abortion is not the issue.”
The Born-Alive Abortion Survivors Protection Act requires medical professionals present at a newborn abortion survivor’s birth to provide the same level of life-saving care to that baby as would be offered to any other premature infant of the same gestational age.
The bill mandates the transfer of such infants to a hospital for additional treatment and also establishes reporting requirements for violations. Penalties for violating the law could include fines and up to five years in prison, though the child’s mother would be protected from prosecution.
Democrats, however, argued that infanticide is already illegal and that the bill is therefore unnecessary.
“This bill does not solve a problem,” Rep. Kelly Morrison (D-Minn.), an obstetrician, said before voting against the measure in the House.
“Doctors are already both honored and obligated to provide appropriate care for their patients. It is illegal to kill a newborn infant in all 50 states.”
From 2019 to 2021 in Morrison’s home state of Minnesota, there were at least eight reported cases in which newborn abortion survivors died post-birth, according to the Minnesota Department of Health. In five of those cases, no measures were reported to have been taken to save the babies’ lives. In the other three cases, “comfort care” was provided.
Other Democrats argued that the bill would allow for government interference in women’s reproductive health decisions and deprive parents of the opportunity to comfort their dying babies.
“Only 1 percent of all abortions happen at 21 weeks or later, and if they do, it is because of a serious fetal abnormality or the health of the mother,” Rep. Sara Jacobs (D-Calif.) said. “And if you are the one getting that news, it is heartbreaking, it is earth-shattering. And the last thing families need is government to interfere with their access to care.”
The bill’s passage in the House comes a day after Democrats unanimously opposed its advance in the Senate. With a 60-vote majority needed to invoke cloture, or limit debate, on a bill, the procedural vote failed 52-47.
That result was no surprise to Senate Majority Leader John Thune (R-S.D.).
Thune had noted hours before that he fully expected Democrats to reject what he felt should be a noncontroversial bill.
“We should all be able to agree that a baby born alive after an attempted abortion must be protected,” the majority leader said on the Senate floor.
“But I think it is safe to say that what it all boils down to is this: Democrats will oppose legislation to provide appropriate medical care to newborn children who survive abortions because they are afraid.”
If Democrats recognized the humanity of a living baby, born in an abortion clinic after a botched abortion, they might be forced to acknowledge the humanity of the unborn baby in that same clinic, Thune said.
Republicans have tried numerous times in recent years to pass legislation protecting the lives of newborn abortion survivors. Those efforts have been blocked by Democrats.
Tens of thousands, or perhaps hundreds of thousands, of pro-life advocates are expected to flood Washington on Jan. 24 for the 52nd annual National March for Life.
Vice President JD Vance is scheduled to speak at the event on behalf of the Trump administration. President Donald Trump will address the March in a video message, a White House official confirmed on Thursday.
