H.R.21 - Born-Alive Abortion Survivors Protection Act (119th Congress)
Summary
H.R.21, the Born-Alive Abortion Survivors Protection Act, seeks to amend Title 18 of the United States Code. It aims to ensure that infants born alive after an abortion or attempted abortion receive the same medical care as any other newborn. The bill establishes requirements for healthcare practitioners and imposes penalties for failing to provide the necessary care, including fines and imprisonment.
Expected Effects
The likely effect of this bill is to mandate specific medical care standards for infants born alive after an abortion attempt. It also introduces legal consequences for healthcare providers who fail to meet these standards. This could lead to increased scrutiny of abortion procedures and potentially affect access to abortion services.
Potential Benefits
- Ensures medical care for infants born alive after attempted abortions.
- Establishes legal consequences for failing to provide such care.
- Provides civil remedies for women who undergo abortions where the standard of care is violated.
- Reinforces the legal personhood of infants born alive.
- May deter instances of neglect or infanticide in post-abortion scenarios.
Potential Disadvantages
- May create additional legal burdens for healthcare providers.
- Could be perceived as an infringement on abortion access and reproductive rights.
- May lead to increased litigation and legal challenges.
- Could potentially stigmatize abortion procedures and providers.
- May not significantly change existing medical practices, as most healthcare providers already adhere to high standards of care.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's constitutional authority is asserted under Section 5 of the 14th Amendment, which grants Congress the power to enforce equal protection under the law, and Section 8 of Article I, granting the power to make laws necessary and proper for carrying out its vested powers, including regulating commerce. The alignment with the 14th Amendment is based on the premise that infants born alive are entitled to equal protection. The Commerce Clause argument is less direct but could be invoked based on the regulation of healthcare practices.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).