S.6 - Born-Alive Abortion Survivors Protection Act (119th Congress)
Summary
The Born-Alive Abortion Survivors Protection Act (S.6) aims to amend Title 18 of the United States Code to ensure that infants born alive after an abortion or attempted abortion receive the same medical care as any other newborn. It mandates that health care practitioners exercise the same degree of professional skill, care, and diligence to preserve the life and health of a child born alive during an abortion as they would for any other child of the same gestational age. The bill also includes provisions for mandatory reporting of violations and penalties for non-compliance, including fines and imprisonment.
Expected Effects
If enacted, this bill would create federal requirements for the treatment of infants born alive after an abortion. It would impose legal obligations on healthcare practitioners and facilities. It also establishes penalties for failing to provide the required care and protections.
Potential Benefits
- Protection of Infants: Ensures that infants born alive after an abortion receive necessary medical care.
- Legal Personhood: Reaffirms the legal personhood of infants born alive, entitling them to legal protections.
- Accountability: Holds healthcare practitioners accountable for providing appropriate care.
- Civil Remedies: Provides civil remedies for women who undergo abortions where the born-alive protections are violated.
- Mandatory Reporting: Requires healthcare practitioners to report violations.
Most Benefited Areas:
Potential Disadvantages
- Potential Conflict with Medical Practice: May create conflicts for healthcare providers in situations with extremely premature or non-viable infants.
- Legal Challenges: Could face legal challenges based on constitutional rights related to abortion access.
- Limited Scope: The bill addresses a relatively rare occurrence, potentially diverting attention from broader healthcare issues.
- Increased Burden on Healthcare Providers: Reporting requirements may add administrative burdens.
- Polarizing Debate: The bill is likely to intensify the already polarized debate surrounding abortion.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's constitutionality is subject to debate, particularly concerning the extent to which it infringes upon the rights established in Roe v. Wade and Planned Parenthood v. Casey, which protect a woman's right to an abortion. Proponents argue that the bill aligns with the Constitution by protecting the life of a born person, referencing the Fifth and Fourteenth Amendments' guarantees of due process and equal protection. Opponents may argue that it imposes undue burdens on abortion access, conflicting with established Supreme Court precedent. The Tenth Amendment, reserving powers not delegated to the federal government to the states, could also be invoked, as healthcare regulation is traditionally a state matter.
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).