The Born-Alive Abortion Survivors Protection Act (S. 311), sponsored by Senator Ben Sasse (R-Ne.), would enact an explicit requirement that a baby born alive during an abortion must be afforded “the same degree” of care that would apply “to any other child born alive at the same gestational age,” including transportation to a hospital. In addition, the bill applies the existing penalties of 18 U.S.C. Sec. 1111 (the federal murder statute) to anyone who performs “an overt act that kills a child born alive.” The bill also empowers women with a right to sue their abortionists and others for harm caused by violations of the act.
On February 25, fifty-three (53) senators voted to take up the bill (pro-life), but 60 votes were required, so the bill did not advance. The bill was supported by 50 Republicans and three Democrats. Forty-four (44) senators voted against advancing the bill (two Republicans and 45 Democrats). Three Republicans were absent. The House companion bill is H.R. 926, sponsored by Congresswoman Ann Wagner (R-Mo.).