WASHINGTON, D.C. – U.S. Senator Peter Welch (D-Vt.) this week opposed the so-called Born Alive Survivors Protection Act, legislation that advances Republican-led efforts to criminalize abortion and override families’ decision-making. The bill would also endanger doctors’ ability to provide women with compassionate health care by forcing physicians to comply with mandates not based in medicine or science. Senator Welch released the following statement on his vote:
“Millions of women were left without access to medical care following the Dobbs decision. And instead of looking for solutions that make it easier for women to access health care, this legislation searches for ways to further criminalize abortion. Not only would this legislation undermine health care providers’ ability to do their job, it overrides women’s rights to make the best decision for them and their families,” said Senator Welch. “If Republicans really wanted to save lives, they’d ensure that medical decisions are made by parents and physicians, not politicians. That’s how we should have marked the anniversary of Roe this week—not by voting to further limit access to abortion.”
All children born alive, regardless of the circumstances of that birth, are already equally protected under the law through the bipartisan Born-Alive Infant Protections Act of 2002. Under the proposed Born Alive Survivors Protection Act’soverly broad, vague standards, induced labor of a fetus with a fatal diagnosis could potentially be considered an “attempted abortion”—and subject medical providers to up to five years in prison. The bill would also prescribe the type of care provided to such infants without regard to the provider’s best medical judgment.
The bill would also threaten providers’ ability to apply their own professional judgment and provide advice in the best interest of families by establishing harmful criminal penalties—including up to five years in prison—for providers and other health care employees who fail to report them. Providers would also be subject to potential civil action.
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