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Tipsheet

All Senate Democrats Vote Against Protecting Babies Born Alive From Abortion

AP Photo/Jacquelyn Martin

On Wednesday, all 47 Democratic senators voted against moving forward with Sens. James Lankford's (R-OK) and Jim Banks' (R-IN) bill, the Born-Alive Abortion Survivors Protection Act. The vote was 52-47, with the bill falling short of the necessary 60 votes. Such commonsense legislation would merely protect babies born alive from failed abortions by ensuring they received medical care. Republicans have repeatedly tried to get such a bill passed, only to face opposition from vehemently pro-abortion Democrats, who often lie and mislead about the bill. 

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The bill quite clearly lays out how babies born alive are persons deserving of equal legal protections, and that they must receive medical care. "If an abortion results in the live birth of an infant, the infant is a legal person for all purposes under the laws of the United States, and entitled to all the protections of such laws," the bill states in its findings. "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," it also adds under such a section.

Not only is the mother of the child not prosecuted under such a bill, she may also bring civil action for violations. Those medical professionals who fail to ensure the child is sent to the hospital and given the same care that any other child born at that gestational age can be fined, imprisoned for up to five years, or both. 

Banks released a statement that same afternoon. "Almost every American agrees that a baby that takes their first breath deserves the same right to life as the rest of us do. I won’t give up this fight for common sense legislation to save the most vulnerable," he said.

The senator also spoke out over X, which received notice of Susan B. Anthony Pro-Life America. 

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Indeed, such bills enjoy wide public support. Previous polls released by Susan B. Anthony Pro-Life America found that 77 percent of voters support such legislation, including 50 percent who say they do so strongly. 

Susan B. Anthony Pro-America and their research arm, the Charlotte Lozier Institute, also posted to social media as to why such a bill is "urgently needed."

The bill's failure to move forward has been trending over X on Wednesday, especially with Sen. John Fetterman (D-PA) taking to social media to speak to his opposition for the bill. The account for Senate Judiciary Democrats similarly took issue, though they took it a step further by even bragging about defeating the legislation, referring to it as a "heartless bill."

There were rumors earlier this week that Fetterman might switch his party affiliation to become a Republican, though he quickly shot that down, making clear that he had no intention of doing so, also acknowledging he would make a bad Republican. It looks like he put that into action on Wednesday with such a vote. 

With the annual March for Life taking place this week, there's been pro-life bills introduced in both chambers, including Rep. Chip Roy's Protecting Life on College Campus Act of 2025, which would work to protect the unborn and their young mothers from the dangerous abortion pill. 

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Sen. Steve Daines (R-MT) will introduce the bill in the Senate, along with a bill to protect babies diagnosed in utero with Down Syndrome. 

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