Senate Hearing Revisits the Misleading and Dangerous ‘Born-Alive’ Bill

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On January 22, 2025, the Senate revisited the “Born-Alive Abortion Survivors Protection Act,” introduced by Senators Roger Marshall and James Lankford (R-OK), during a contentious hearing. This legislation, which mirrors similar efforts in the House, seeks to reinforce protections for infants after “attempted abortions.” However, the bill has drawn criticism for being redundant, medically unnecessary, and rooted in disinformation, since infanticide is already illegal in every state. 

The 2002 Born-Alive Infants Protection Act already ensures legal protections for any child born alive in the United States. Consequently, the proposed bill does not introduce new safeguards but instead amplifies misleading rhetoric surrounding abortion procedures later in pregnancy. This bill perpetuates false narratives that these procedures are frequent and unregulated, while also targeting and intimidating medical professionals. 

Leading medical organizations, including the American College of Obstetricians and Gynecologists (ACOG), strongly oppose the legislation. During the preemptive hearing with Democratic Senators on January 21st, they explained that this legislation is “another cruel and misguided attempt to interfere with evidence-based medical decision-making between patients and their physicians.” Such bills exploit complex and tragic situations for political gain rather than addressing genuine healthcare concerns.

The bill’s latest iteration mandates rigid actions for healthcare providers under the threat of criminal and civil penalties. These provisions compromise medical training and clinical judgment and deter professionals from providing comprehensive care, particularly in rare and devastating cases involving non-viable pregnancies. 

The broader context of reproductive health in the United States highlights the stakes of this debate. As of early 2025, 19 states ban abortion at or before 18 weeks, and 12 states enforce total bans, including restrictions on lifesaving care for pregnancy complications. These draconian measures do not prioritize expanding healthcare or investing in medical research, rather they aim to provide punitive measures for women and physicians who seek medical care. 

Ultimately, the “Born-Alive” bill distracts from pressing healthcare needs and undermines public trust in medical professionals. These representatives must instead focus on policies that promote genuine healthcare improvements rather than advancing an extreme ideological agenda out of step with the majority of Americans.





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