Senate Democrats on Monday blocked a
Republican bill
that would have threatened prison time for doctors who don't try saving
the life of infants born alive during failed abortions, leading
conservatives to wonder openly whether Democrats were embracing
"infanticide" to appeal to left-wing voters.
All prominent
Democratic 2020 presidential hopefuls in the Senate voted down the
measure, including Bernie Sanders of Vermont, Kamala Harris of
California, Cory Booker of New Jersey, Kirsten Gillibrand of New York,
Amy Klobuchar of Minnesota and Elizabeth Warren of Massachusetts. The
final vote was 53-44 to end Democratic delaying tactics -- seven votes
short of the 60 needed.
Three Democrats joined Republicans to
support the bill -- Joe Manchin of West Virginia, Bob Casey of
Pennsylvania and Doug Jones or Alabama. Three Republicans did not vote,
apparently because of scheduling issues and plane flight delays --
including Kevin Cramer of North Dakota, Lisa Murkowski of Alaska and Tim
Scott of South Carolina.
The
Born-Alive Abortion Survivors Protection Act would
have required that "any health care practitioner present" at the time
of a birth "exercise 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."
The bill,
which exempted the mother involved in the birth from prosecution, also
would have required practitioners to "ensure that the child born alive
is immediately transported and admitted to a hospital." It prescribed a
possible term of imprisonment of up to five years for violations, not
including penalties for first-degree murder that could have applied.
In
response, President Trump tweeted late Monday that "This will be
remembered as one of the most shocking votes in the history of
Congress."
"Senate
Democrats just voted against legislation to prevent the killing of
newborn infant children," Trump wrote. "The Democrat position on
abortion is now so extreme that they don’t mind executing babies AFTER
birth."
Other Republicans were also incredulous. "I want to ask
each and every one of my colleagues whether or not we're OK with
infanticide," said the measure's chief sponsor, Sen. Ben Sasse, R-Neb.
Speaking to Fox News' "The Story"
after the vote, Sasse said he was "surprised" at each vote against the
bill, and charged that opponents had lied "constantly" with "blatant
nonsense" about the legislation -- specifically, by claiming the bill
"would end abortion" entirely.
"This is about the most simple
thing you can say, which is that a baby is a baby, and they have dignity
and worth," Sasse said. "And it's not because they're powerful. It's
because they're babies. Today is a sad day in the United States Senate."
Sasse added, "This shouldn't be about politics. ... This should be about having heart."
Other pro-life activists called on the 44 senators who voted against Sasse's bill to resign immediately.
“Senators
who could not bring themselves to vote to pass the Born-Alive Abortion
Survivors Protection Act should reconsider whether or not they have what
it takes to serve," March for Life President Jeanne Mancini said in a
statement. "Senator Sasse’s common sense bill would merely require
doctors assist a newborn struggling to survive after a failed attempt on
her life. Anyone who lacks the basic level of human compassion needed
to vote in favor of this should quickly find another job. We look
forward to a vote in the House of Representatives so that Chamber can
get on record as well.”
Opponents, noting the rarity of such
births and citing laws already making it a crime to kill newborn babies,
said the bill was unnecessary. They said it was part of a push by
abortion opponents to curb access to the procedure and intimidate
doctors who perform it, and said late-term abortions generally occur
when the infant is considered incapable of surviving after birth.
“This
bill is just another line of attack in the ongoing war on women’s
health,” New Hampshire Democratic Sen. Jeanne Shaheen said on the Senate
floor.
Sasse's bill would have faced an uphill battle in the House, where Democrats hold the majority.
Pro-life activists protesting outside of the U.S. Supreme Court
during the March for Life in Washington last month. (AP Photo/Jose Luis
Magana, File)
A similar 2002 bill, called the Born-Alive Infants
Protection Act, was passed unanimously by the Senate in 2002 and signed
by then-President George W. Bush.
Sasse attempted to pass the new bill by unanimous consent
earlier this month but was blocked. Unanimous consent requires all 100
senators to agree, and Sen. Patty Murray, D-Wash., objected to Sasse's
bill, saying the legislation was unnecessary and amounted to a political
stunt.
The legislation was introduced after Virginia Gov. Ralph Northam,
a Democrat, endorsed post-birth abortions while discussing The Repeal
Act, a state bill which sought to repeal restrictions on third-trimester
abortions. Virginia Democratic Del. Kathy Tran, a sponsor of that bill,
was asked at a hearing if a woman about to give birth and dilating
could still request an abortion.
"My bill would allow that, yes,” Tran said. Northam, in a later interview with a radio station, backed up Tran.
"When
we talk about third-trimester abortions, these are done with the
consent of, obviously, the mother, with the consent of the physicians,
more than one physician, by the way," Northam said. "And, it's done in
cases where there may be severe deformities, there may be a fetus that's
non-viable."
Northam continued: "So, in this particular example,
if a mother is in labor, I can tell you exactly what would happen. 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 physicians and
the mother. So, I think this was really blown out of proportion."