The most recent attempt to pass a law to provide health care to babies who survive abortions was blocked by Democrats and failed in the Senate on Wednesday, which was the 52nd anniversary of Roe v. Wade — the pro-abortion 1973 Supreme Court decision that was overturned in June 2022.
The Born-Alive Abortion Survivors Protection Act states, “Any infant born alive after an abortion or within a hospital, clinic, or other facility has the same claim to the protection of the law that would arise for any newborn, or for any person who comes to a hospital, clinic, or other facility for screening and treatment or otherwise becomes a patient within its care.”
Not a single Democrat voted for the bill, and party members have consistently called the bill redundant because killing an abortion survivor is illegal — though allowing them to die is not.
“What is still allowed is a tiny little loophole that if an abortion is botched, everyone can just step away and watch the child die,” said Sen. James Lankford (R-Okla.), who introduced the bill. “They do not have to deliver medical care.”
The 52-47 vote did not include a vote from Republican Sen. Bill Hagerty who was attending to a family matter at the time but was expected to vote in favor. Regardless, even with the 53-47 majority, pro-life Senators knew that a filibuster from any pro-abortion legislator would have prevented the bill from passing. Sixty votes are needed to override a filibuster. It was because of this that pro-life Senators attempted to invoke cloture to prevent a filibuster, end the debate, and vote. But they did not have the 60 votes — 3/5ths majority — to invoke the cloture.
“We should all be able to agree that a baby born alive after an attempted abortion must be protected, and yet I fully expect that later today my Democrat colleagues will vote no on this legislation,” said Senate Majority Leader John Thune (R-S.D.) ahead of the vote. “They will vote against protection for a living, breathing newborn baby simply because that child has been born alive after an attempted abortion.”
Senator Minority Leader Chuck Schumer (D-N.Y.) called the bill “pernicious” and claimed it was an attack on women “using false narratives and outright fearmongering.”
READ: Top Myths DEBUNKED: Abortion survivors
Though the media reports that it is rare for a baby to survive abortion, even just one baby surviving and being left to die is a tragedy on top of the devastation of abortion. To miraculously survive the procedure meant to kill you only to be abandoned by the very individuals who took an oath to “do no harm” is a horrific injustice.
But it isn’t just an injustice for one baby. A recent study out of Canada found that 11.2% of second-trimester abortions committed in Quebec between 1989 and 2021 resulted in live births — a significantly higher number than previously believed. Unlike in the United States, Canadian doctors are required to report the number of abortions they committed as well as any complications, such as the so-called “dreaded complication” of an abortion survivor. Live births “must be registered, regardless of gestational age, reason for birth, or length of time before death” under Quebec law.
Other countries have reported significant numbers of abortion survivors as well. An Austrian study found that over 50% of abortions between 20 and 24 weeks gestation resulted in a live birth; a Swiss study found that 40% of abortions committed between 22 and 27 weeks resulted in a live birth, and a United Kingdom study found that 3.2% of all abortions resulted in a live birth.
The U.S. does not require reporting on abortion and only about half of all states report varying degrees of information about abortion within their borders. This means there is no concrete data on abortion survivors in the U.S. except what a few states provide. In Florida, there were 16 abortion survivors recorded between 2015 and 2018 alone. More recently in Minnesota, five children were recorded as having been born alive during abortions in 2021.
In addition, in 2023, the Abortion Survivors Network (ASN) released data that pointed to a .21% failure rate for abortion, meaning that for every 1,000 abortions committed, 2.1 children likely survive.
A group of abortion survivors recently met with former abortionists in Live Action’s Face to Face video series. Survivor Claire Culwell said during the discussion, “Most of the time people have no idea that a baby can survive an abortion. I mean it’s unfathomable that a procedure that was meant to end someone’s life could accidentally not end it, but I think it has also humanized the unborn baby, the abortion baby, for a lot of people. When you look at my face, the fact that I was a twin, you’re actually looking at my twin, so people can see the humanity of the unborn baby, the human baby, through my existence.”
The House is expected to pass its version of the Born-Alive act.
Tell President Trump, RFK, Jr., Elon, and Vivek:
Stop killing America’s future. Defund Planned Parenthood NOW!
