2025: Fitzpatrick Voted For The Born-Alive Abortion Survivors
Protection Act, Which Would Mandate Health Care Workers To Provide
Proper Medical Care To An Infant Born After A Failed Abortion. In
January 2025, according to Congressional Quarterly, Fitzpatrick voted
for Born-Alive Abortion Survivors Protection Act, which would "require
health care practitioners to provide the same care to a child that is
'born alive' after an abortion or attempted abortion as they would for a
child born at the same gestational age and to ensure the child is
immediately transported and admitted to a hospital; require hospital and
clinic practitioners and employees to report any knowledge of failures
to provide such care; and impose criminal fines and penalties for
failures to meet these requirements. It would state that a child born
alive under these conditions is a legal person under U.S. law, entitled
to the protections of U.S. law, and it would specifically make any act
that kills or attempts to kill such a child punishable as murder or
attempted murder. The bill also would prohibit the prosecution of the
mother of a child born alive after an abortion or attempted abortion and
permit such mothers to seek relief through civil action against any
person who violates the measure's requirements, including monetary and
punitive damages. The bill would also change the chapter name of Title
18, Chapter 74 of the U.S. Code from 'Partial-Birth Abortions' to
'Abortions.'" The vote was on passage. The House passed the bill by a
vote of 217-204, thus, the bill was sent to the Senate. [House Vote 27,
1/23/25; Congressional
Quarterly, 1/23/25;
Congressional Actions, H.R.
21]
Different Iterations Of The Bill Have Been Introduced Since
2015. According to Congressional Quarterly, "Lawmakers have
introduced iterations of this legislation in both chambers
since 2015. The House passed similar bills in January 2018 and again
in January 2023 after reclaiming control of the chamber. As the
minority in 2019, House Republicans unsuccessfully attempted to
trigger a vote through other procedural tools." [Congressional
Quarterly, 1/23/25]
Republicans Called The Bill "Anti-Infanticide" Rather Than
"Anti-Abortion." According to the Hill, "Republicans have framed
the bill as not being anti-abortion but anti-infanticide." [Hill,
1/23/25]
Democrats Called The Bill Redundant, Solely Criminalizing Doctors,
As Killing Born-Alive Infants Following An Abortion Attempt Is
Already Illegal. According to the Hill, "Democrats have criticized
the legislation as being redundant, as killing infants born alive
after an attempted termination, a rare occurrence, is already
illegal, and the bill only serves to 'criminalize' doctors. Health
care practitioners who fail to comply with the law would face fines
and up to five years in jail or both." [Hill,
1/23/25]
2023: Fitzpatrick Voted For The Born-Alive Abortion Survivors
Protection Act, Which Would Mandate Health Care Workers To Provide
Proper Medical Care To An Infant Born After A Failed Abortion. In
January 2023, according to Congressional Quarterly, Fitzpatrick voted
for Born-Alive Abortion Survivors Protection Act, which would "require
health care practitioners to provide the same care to a child that is
'born alive' after an abortion or attempted abortion as they would for a
child born at the same gestational age and to ensure the child is
immediately transported and admitted to a hospital; require hospital and
clinic practitioners and employees to report any knowledge of failures
to provide such care; and impose criminal fines and penalties for
failures to meet these requirements. It would state that a child born
alive under these conditions is a legal person under U.S. law, entitled
to the protections of U.S. law, and it would specifically make any act
that kills or attempts to kill such a child punishable as murder or
attempted murder. The bill would also prohibit the prosecution of the
mother of a child born alive after an abortion or attempted abortion and
permit such mothers to seek relief through civil action against any
person who violates the bill's requirements, including monetary and
punitive damages." The vote was on passage. The House passed the bill by
a vote of 220-210, thus the bill was sent to the Senate. [House Vote
29, 1/11/23;
Congressional Quarterly,
1/11/23; Congressional Actions,
H.R.
26]
Republicans Argued The Bill Would Enhance Protections For An
Infant Born After A Failed Abortion. According to Congressional
Quarterly, "Republicans say the bill (HR 26) from Scalise, and Reps.
Ann Wagner, R-Mo., and Kat Cammack R-Fla., would increase
protections for an infant born after an attempted abortion."
[Congressional Quarterly,
1/11/23]
Under The Bill, Any Violations By Health Care Workers Could Be
Punished With Fines Or Up To Five Years In Prison But Mothers Would
Be Protected From Any Penalties Or Prosecution. According to CNN,
"Under the bill, health providers who fail to comply with the
requirements for care could face fines or up to five years in
prison. The bill would not impose penalties on the mother and would
grant the mother protection from any kind of prosecution." [CNN,
1/12/23]
Opponents Of The Bill Argued It Would Restrict Abortion Access By
Threatening Medical Workers And Emphasized That It Was Already
Illegal To Intentionally Kill An Infant That Was Born Alive.
According to CNN, "Opponents have argued that such measures restrict
abortion access by threatening health care providers. It is already
considered homicide in the US to intentionally kill an infant that
is born alive." [CNN,
1/12/23]
The Bill Would Mandate For Infants That Survived Failed Abortions
To Be Provided The Equal Medical Care Provided To Other Babies Born
Prematurely And Require The Infant To Be Transported To A
Hospital. According to The Hill, "The bill, which House
Republicans vowed to bring up even before they clinched the
majority, would mandate that an infant born alive after an attempted
abortion receives the same degree of care that any other child born
prematurely would receive. The measure also requires that the infant
is taken to a hospital. And it threatens providers who don't comply
with a fine or up to five years in prison." [The Hill,
1/11/23]
Passage Of The Legislation Comes After The U.S. Supreme Court
Struck Down Roe V. Wade In June 2022 And After Almost 50 Years Since
The Roe V. Wade Ruling. According to The Hill, "House passage of
the bill comes days before the 50th anniversary of the Supreme Court
ruling in Roe v. Wade, which made access to abortion a
constitutional right. The justices struck down that decision in
June." [The Hill,
1/11/23]
2023: Fitzpatrick Effectively Voted For The Born-Alive Abortion
Survivors Protection Act, Which Would Mandate Health Care Workers To
Provide Proper Medical Care To An Infant Born After A Failed Abortion.
In January 2023, according to Congressional Quarterly, Fitzpatrick voted
against the "motion to recommit the bill that would require medical
professionals to provide medical care for children who are born alive
during an attempted abortion procedure to the House Judiciary
Committee." The vote was on a motion to recommit. The House rejected the
motion by a vote of 212-219. [House Vote 28,
1/11/23; Congressional
Quarterly, 1/11/23;
Congressional Actions, H.R.
26]
2018: Fitzpatrick Voted For The Born-Alive Abortion Survivors
Protection Act Which Required Health Care Workers Care For An Infant
Born Instead Of Aborted Resultant From A Failed Abortion. In January
2018, Fitzpatrick voted for legislation that would have, according to
Congressional Quarterly, "require[d] health care practitioners to
provide care to an infant born alive during a failed abortion that is
equivalent to the care they would provide to any other infant born at
the same gestational age. It would [have] impose[d] criminal fines,
and penalties of up to five years in prison, for failure to do so, and
would provide for a patient in such circumstances to file a lawsuit
against the health care provider for certain monetary and punitive
damages. The bill would [have] require[d] hospital and clinic
practitioners and employees to report any knowledge of failures to
provide such care to the appropriate state or federal law enforcement
agency, and would [have] permit[ted] prosecution of individuals who
fail to do so." The vote was on passage. The House passed the bill by a
vote of 241 to 183. The Senate took no substantive action on the
legislation. [House Vote 36,
1/19/18; Congressional
Quarterly, 1/19/18; Congressional
Actions, H.R.
4712]