2015: Schweikert Voted For The Born-Alive Abortion Survivors Protection Act. In September 2015, Schweikert voted for a bill that would have imposed criminal penalties on doctors who do not give appropriate care to an infant born during an abortion. According to Congressional Quarterly, the legislation would have "require[d] health care practitioners to give the same level of care to an infant born alive during a failed abortion as they would give to any other infant born at the same gestational age. The bill also would [have] require[d] health care practitioners to ensure that these infants are immediately sent to a hospital. Health care practitioners and hospital and abortion clinic employees who know about a violation would be required to report the failure to comply with these requirements to law enforcement. People who violate these requirements regarding level of care and reporting violations would be subject to criminal fines or up to five years in prison, or both. The bill would prohibit the prosecution of mothers of born-alive infants for either conspiracy to violate born-alive protections or as accessory to the crime. The bill also would allow mothers to file lawsuits against health care providers who fail to appropriately care for born-alive infants from failed abortions." The vote was on passage. The House passed the legislation by a vote of 248 to 177. The Senate took no substantive action on the legislation. [House Vote 506, 9/18/15; Congressional Quarterly, 9/18/15; Congressional Actions, H.R. 3504]
Planned Parenthood Action: Legislation Is A "Blatant Attempt To Politicize Women's Health." According to Planned Parenthood Action, "On September 15, 2015, Congressman Trent Franks (R-Arizona) introduced the Born-Alive Abortion Survivors Protection Act (H.R. 3504), a blatant attempt to politicize women's health. The true goal of supporters of the H.R. 3504 is to promote a political agenda of banning safe, legal abortion in the United States. This bill would amend current law to apply new criminal penalties and severely overreach into the practice of medicine. This legislation specifically targets abortion and injects politicians into the patient-physician relationship, disregarding providers' training and clinical judgment and undermining their ability to determine the best course of action with their patients. The rigid set of requirements the legislation places on physicians is meant to intimidate abortion providers from providing women with the care they need." [Planned Parenthood Action Scorecard, Accessed 2/8/16]
National Right To Life Committee Supported The Legislation Because "Evidences Have Multiplied That Some Abortion Providers Do Not Regard Babies Born Alive During Abortions As Persons." According to the National Right to Life Committee, "The National Right to Life Committee (NRLC), the federation of state right-to-life organizations, urges you to support the Born-Alive Abortion Survivors Protection Act (H.R. 3504), introduced today by Congressman Trent Franks, when it comes before the House of Representatives on September 17 or 18. [...] However, in the years since [a 2001 law] was enacted, evidences have multiplied that some abortion providers do not regard babies born alive during abortions as persons, and do not provide them with the types of care that would be provided to premature infants who are born spontaneously. In some cases, such born-alive infants are even subjected to overt acts of deadly violence. In 2013, Dr. Kermit Gosnell of Philadelphia was convicted under state law of multiple homicides of such born-alive infants, but such a prosecution and conviction is uncommon. In some jurisdictions, local authorities seem reluctant to investigate reports of infants born alive during abortions, or to bring appropriate indictments even in cases in which the publicly reported evidence of gross neglect or overt lethal acts seems strong." [National Right to Life Committee, 9/15/15]
2023: Schweikert 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, Schweikert 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: Schweikert 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, Schweikert 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: Schweikert 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, Schweikert 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]