President Trump called it "one of the most shocking votes in the history of Congress." And pro-lifers agree. In a vote of 53-44, Congress failed to pass the Born-Alive Abortion Survivors Protection Act. The legislation, introduced by Sen. Ben Sasse (R-NE), would mandate care for babies born alive after abortions. The text seemed common sense enough, but some Democrats reasoned that the bill would place unnecessary obstacles between a woman and her doctor. Others, like Sen. Tammy Duckworth (D-IL), said the bill was intended “to bully doctors out of giving reproductive care.” Not quite, according to its author. In this country, all of us are created equal. If that equality means anything, surely it means that infanticide is wrong. Frankly, this shouldn’t be hard. pic.twitter.com/9MyPVGpw7p — Senator Ben Sasse (@SenSasse) February 5, 2019 Sasse also upended the notion that his bill is an "anti-abortion" effort. "Nothing in this bill touches abortion," he said. "This is about protecting a baby that has already been born alive." The senator, along with scores of other Republican lawmakers and conservative leaders, asked their Democratic colleagues a few questions after Monday's tragic defeat. WHAT KIND OF PEOPLE ARE WE? All but 3 Senate Democrats voted to kill the Born-Alive Abortion Survivors Protection Act - which requires health care be given to babies born alive in an abortion, just like any baby deserves. Letting an innocent baby die? After birth?#LetThemLive pic.twitter.com/oQsqLxRMb5 — Rep. Kevin Brady (@RepKevinBrady) February 26, 2019 Repulsive. Tell me more about how our children are threatened by climate change while voting not to protect children born alive, Senators. https://t.co/ZMFcgTycxn — Ben Shapiro (@benshapiro) February 25, 2019<doc-sep>Nebraska Sen. Ben Sasse, shown in 2018, accused Democratic presidential hopefuls of hypocrisy for opposing his bill’s regulations for the care of newborns. | Drew Angerer/Getty Images Congress Senate defeats anti-abortion bill, as GOP tries to jam Dems The Senate on Monday rejected a bill making it a felony for a doctor to harm or neglect an infant who survives an “attempted abortion,” part of a Republican effort to squeeze Democrats ahead of the 2020 campaign. The vote split mainly along party lines, 53-44. Democratic Sens. Bob Casey of Pennsylvania, Doug Jones of Alabama and Joe Manchin of West Virginia crossed the aisle to vote for it; no Republicans broke ranks. Sixty votes are required for the bill to advance. “Evidently the far left is no longer convinced that all babies are created equal,” said Senate Majority Leader Mitch McConnell (R-Ky.). Ahead of the vote, the bill’s Republican sponsors and outside anti-abortion groups lobbying for its passage made it clear that the intent of Monday’s vote was to undermine the growing pool of Senate Democrats running for president. In a speech just before the vote, bill author Sen. Ben Sasse quoted campaign stump speeches by Democratic Sens. Kamala Harris, Cory Booker, Elizabeth Warren, Kirsten Gillibrand and independent Bernie Sanders vowing to look out for society’s “voiceless and vulnerable” and accused them of hypocrisy for opposing his bill’s regulations for the care of newborns. Sign up here for POLITICO Huddle A daily play-by-play of congressional news in your inbox. Email Sign Up By signing up you agree to receive email newsletters or updates from POLITICO and you agree to our privacy policy and terms of service. You can unsubscribe at any time and you can contact us here. This sign-up form is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. "Was that all just clap track for the campaign trail and for soundbites? Or do people mean the stuff that they say around here?" he said of his colleagues with White House aspirations. Susan B. Anthony List, an anti-abortion group closely allied with Hill Republicans and the Trump administration, said Monday that it was “watching this vote closely to see whether leading Democratic candidates for president in 2020 will go on the record for or against infanticide.” "This bill is important in itself but it‘s also important as a setup for the coming election, where there will be a stark contrast between the president of the United States and any one of the Democratic nominees," SBA List President Marjorie Dannenfelser said in an interview. She stood just outside the Senate chamber lobbying senators as they entered to cast their votes. Sanders, Harris, Warren, Booker and Gillibrand all voted against the measure. Sherrod Brown, another Democratic senator exploring a White House bid, complained to POLITICO that the vote was held in bad faith. "This is pure Mitch McConnell. It's all aimed at keeping his base in line, while the president grows increasingly unpopular," the Ohio Democrat said. "We're not doing infrastructure, we're not doing health care. We're not doing anything that matters to help our country. It's just votes on abortion and other kinds of divisive votes he's going to bring." Democrats and reproductive rights advocates blasted the bill, saying it's already a felony to harm or neglect an infant and that the “medically irresponsible” bill would restricts doctors from making case-by-case decisions about what is best for infants and mothers. "This bill is not about protecting infants, as Republicans have claimed — because that is not up for debate and it is already the law," said Sen. Patty Murray (D-Wash.). "This bill is government interference in women’s health care, in families’ lives, and in medicine on steroids." The bill was previously introduced in the House by now-Sen. Marsha Blackburn (R-Tenn.). Sasse first tried to force a vote on it earlier this month, capitalizing on a wave of outrage among conservatives after New York loosened its restrictions on third-trimester abortions and embattled Virginia Gov. Ralph Northam gave an interview defending similar efforts in his state. Democrats led by Murray objected to that fast-track procedure and blocked a floor vote, prompting Republicans to vow to try again. Susan B. Anthony list said earlier this month that even though the Senate lacks the votes to pass abortion restrictions, it should continue to hold votes to put pressure on Democrats and divide the caucus. The move is part of a larger strategy designed to maintain current abortion restrictions while revving up the GOP’s conservative base ahead of 2020 and courting independents who may be turned off by Democrats' position on abortion rights. "We're seeing a gradual movement to hammer a wedge right into the middle of the Democratic Party, and at some point soon here, they're just going to have to cry mercy," Dannenfelser said.<doc-sep>The U.S. Senate will vote on a bill Monday evening that is premised on the false assumption that infants are routinely born alive after abortions and that providers are murdering them afterwards. Majority Leader Mitch McConnell (R-KY) scheduled a vote for Sen. Ben Sasse’s (R-NE) Born-Alive Abortion Survivors Protection Act, following a manufactured controversy over bills in New York and Virginia that codify abortion rights, but that Republicans have slammed as “infanticide.” Sasse’s bill criminalizes abortion providers by fining or imprisoning them up to five years if they don’t provide “the same degree of professional skill [or] care” or intentionally kill a child “born alive.” The bill uses legislation signed into law by President George W. Bush in 2002 as the basis for the definition of “born alive.” The Born-Alive Abortion Survivors Protection Act, or S. 311, is sponsored by 49 Republican senators. It is unlikely to meet the 60-vote threshold needed to move forward. In a press statement, Sasse said his bill simply asks abortion providers to provide quality care to all infants. The Heritage Foundation, a supporter of the bill, maintains that federal law “insufficiently protects infants who survive an abortion procedure.” Advertisement But the bill isn’t rooted in science or medicine, nor does it aspire to resolve an existing problem. The bill presumes infants are regularly being born after botched abortions and the providers who perform these procedures are murderers. Firstly, the vast majority of abortions are performed within the first 12 weeks of pregnancy. In addition to being one of the safest medical procedures, medication or aspiration abortion during the first-trimester almost always effectively terminates a pregnancy. Secondly, abortion providers and clinic staff are the ones actually in danger, with multiple murders carried out by anti-abortion activists over the years. A recent example of a failed abortion suggests anti-abortion laws led to a situation in which a woman wasn’t able to effectively terminate her pregnancy. The woman traveled hundreds of miles to the provider, a Planned Parenthood affiliate, which she is now suing for medical negligence due to its failure to terminate the pregnancy by medication abortion. However, the details in the lawsuit are “curious,” the Guttmacher Institute’s Elizabeth Nash told the Daily Beast, referring to peculiarities in the plaintiff’s claim that restrictive state laws prevented her from seeking an abortion closer to her home. Moreover, Sasse is capitalizing on a manufactured controversy over a New York bill recently signed into law that codifies the right to abortion established in Roe v. Wade. In so doing, he mischaracterizes the bill, saying in his press release that it “repealed protections… for an infant born alive during an abortion.” In reality, New York lawmakers removed abortion from the criminal code, as the state had decided to criminalize the medical procedure before the historic Supreme Court decision in 1973. Lawmakers also created a new section within public health law, solidifying the right to abortion up 24 weeks and access thereafter strictly in cases of fetal non-viability and to preserve the health or life of the pregnant person — as Roe already permits. Advertisement The reason New York lawmakers decided to pass the Reproductive Health Act is because the public is concerned the Supreme Court will overturn Roe given that President Donald Trump appointed two very conservative justices. “It is frustrating that our Senators continue wasting their valuable time even considering medically irresponsible bills like Senator Sasse’s. This bill interferes with the patient-provider relationship and threatens physicians with criminal penalties,” said Physicians for Reproductive Health Board Member Dr. Kristyn Brandi in a statement. “Meanwhile, debate surrounding this bill has created a dangerous platform for disseminating misleading and dishonest information about abortion and the health professionals providing abortion care,” she added. The bill was first introduced in 2015, and has since been introduced annually as a way for Republicans to show solidarity with the anti-abortion movement. A nearly identical version championed by Rep. Trent Franks (R-AZ), who recently resigned after being accused of sexual harassment, passed the House in 2015.<doc-sep>Senate Democrats blocked legislation on Monday meant to respond to a political firestorm sparked in Virginia over "late-term abortion." Senators voted 53-44 on the legislation from Sen. Ben Sasse Ben SasseBiden to meet with Putin next month This week: Senate set for chaotic sprint before break Increase DARPA's funding — and then make sure its projects reach the battlefield MORE (R-Neb. ), which needed 60 votes to advance. ADVERTISEMENT Democratic Sens. Joe Manchin Joe ManchinSchumer tees up vote on Jan. 6 commission bill Senators struggle to save Jan. 6 commission Manchin, Sinema press GOP senators on Jan. 6 commission MORE (W.Va.), Doug Jones (Ala.) and Bob Casey Robert (Bob) Patrick CaseyThe Hill's Morning Report - Presented by Facebook - Biden wants Congress to pass abortion bill, pushes for Mideast cease-fire Senators shed masks after CDC lifts mandate Ex-GOP Rep. Lou Barletta launches bid for Pennsylvania governor MORE Jr. (Pa.) voted to proceed to the bill. The legislation would penalize doctors who fail to "exercise the proper degree of care in the case of a child who survives an abortion or attempted abortion." Majority Leader Mitch McConnell Addison (Mitch) Mitchell McConnellSchumer tees up vote on Jan. 6 commission bill Senators struggle to save Jan. 6 commission GOP leaders face new calls to boot Greene MORE (R-Ky.) touted the bill ahead of Monday night’s vote, where it was widely expected to fall short, urging Democrats to reject “extreme voices” within their own party. “It isn’t about new restrictions on abortion. It isn’t about changing the options available to women. It’s just about recognizing that a newborn baby is a newborn baby. Period,” he said. Democrats blocked a previous attempt to pass the legislation and Senate Minority Leader Charles Schumer Chuck SchumerSchumer says Senate will move on Biden's infrastructure agenda in July Senate confirms Biden pick to lead Medicare, Medicaid office Pelosi presses for Senate action on Jan. 6 commission: 'No time to waste' MORE (D-N.Y.) argued on Monday that it's part of a pattern from Republicans, whom he accused of misrepresenting the bill. “This vote does not occur in a vacuum. ... Pay attention to the facts and not false rhetoric. This bill is Washington politics at its worst,” he added. Sen. Tim Kaine Timothy (Tim) Michael KaineMilitary Appreciation month is a time to honor America's bravest heroes Sanders push to block arms sale to Israel doomed in Senate Mask rules spark confusion, tensions in Congress MORE (D-Va.), who is Catholic, released a statement after the vote saying he opposed the bill because GOP statements about it are "misleading." "Congress reaffirmed that fact with its passage of the bipartisan Born-Alive Infants Protection Act in 2002. I support that law, which is still in effect. There is no need for additional federal legislation on this topic," Kaine said. President Trump Donald TrumpTrump lashes out after grand jury seated for New York criminal probe Schumer tees up vote on Jan. 6 commission bill Senators struggle to save Jan. 6 commission MORE sharply condemned the vote in a pair of Monday evening tweets: ....This will be remembered as one of the most shocking votes in the history of Congress. If there is one thing we should all agree on, it’s protecting the lives of innocent babies. — Donald J. Trump (@realDonaldTrump) February 26, 2019 Monday's vote comes after Virginia Gov. Ralph Northam (D) provoked outrage among anti-abortion groups, GOP lawmakers and the White House over his comments about a bill that would have made it easier for women to get third-trimester abortions if their health was threatened by pregnancy. Kathy Tran, the sponsor of the Virginia bill, fueled the political firestorm when her comments acknowledging that the legislation would allow a woman who is dilating to request an abortion if a doctor determined that childbirth would impair her mental or physical health went viral. Northam further inflamed tensions when he said on a local radio show that third-trimester abortions are rare and typically occur when an infant is severely deformed or unable to survive after birth. "In this particular example, if a mother is in labor, I can tell you exactly what would happen: the infant would be delivered; the infant would be kept comfortable; the infant would be resuscitated if that's what the mother and the family desired. And then a discussion would ensue between the physicians and the mother," Northam said. A spokeswoman for Northam told The Washington Post that his comments were being taken out of context by Republicans. —Updated at 8:54 p.m.<doc-sep>
The Senate voted 53-44 in favor of legislation that would protect survivors of abortion, falling short of the necessary 60 votes to proceed as Democrats blocked the bill when only three of them joined Republicans. Sens. Doug Jones of Alabama, Joe Manchin of West Virginia, and Bob Casey Jr. of Pennsylvania were the only Democrats to vote for the bill. All other 44 Democratic senators voted against the bill. Republican Sens. Lisa Murkowski of Alaska, Tim Scott of South Carolina, and Kevin Cramer of North Dakota were not present for the vote. The Born-Alive Abortion Survivors Protection Act would have mandated that babies born alive during an abortion would receive “the same degree of professional skill and care to protect the newborn as would be offered to any other child born alive at the same gestational age,” according to Sen. Ben Sasse’s website. “This bill isn’t about abortion,” Sasse, R-Neb., said, adding: I’m pro-life. I’m unapologetically pro-life, but this bill is not actually about anything that limits abortion. This bill doesn’t have anything to do with Roe v. Wade. … What this bill does is try to secure basic rights, equal rights for babies that are born and are outside the womb. Senate Minority Leader Chuck Schumer, D-N.Y., challenged Sasse’s legislation, saying that it was “carefully crafted to target, intimidate, and shut down reproductive health care providers.” Sasse then called out Schumer for misrepresenting the legislation. “This language is … too blunt for many people in this body … Infanticide is what [Born-Alive Abortion Survivors Protection Act] is actually about,” Sasse said. “Are we a country that protects babies that are alive, born outside the womb, after surviving a botched abortion?” Sasse responds, says Schumer misrepresented the bill text: “This language is too blunt for many people in this body . . . Infanticide is what BASPA is actually about. Are we a country that protects babies that are born alive, outside the womb, after surviving a botched abortion?” — Alexandra DeSanctis (@xan_desanctis) February 25, 2019 Sen. Mazie Hirono, D-Hawaii, also attacked the bill. “The legislation we are debating today is just the latest salvo in the far right wing assault on a women’s constitutionally protected right to an abortion,” Hirono said. Sasse tried Jan. 31 to hold a unanimous consent vote on the Born-Alive Abortion Survivors Protection Act in the Senate following New York Gov. Andrew Cuomo, a Democrat, signing a bill legalizing abortion up to birth in January and Virginia trying to pass similar legislation. However, Sen. Patty Murray, D-Wash., objected. Earlier Monday, the Knights of Columbus released a poll from Marist that found “Americans are now as likely to identify as pro-life, 47 percent, as pro-choice, 47 percent,” according to the Knights’ website. The poll found that 34 percent of Democrats now identified as pro-life, up from 20 percent a month ago. Among Americans, “only 18 percent think abortion should be allowed at any time up until birth,” and that Americans against abortion “after 20 weeks, or overall, include: 59 percent of Democrats, 78 percent of independents and 82 percent of Republicans.” In an op-ed published Feb. 12 in USA Today, Sasse wrote, “It should not be difficult for the members of the U.S. Congress to affirm that a child, outside the womb, deserves the protections of our law.” “It should not be controversial to say that a child, cold and naked on a table, deserves to be treated with dignity and humanity,” he added. Melanie Israel, a research associate for the DeVos Center for Religion and Civil Society at The Heritage Foundation, wrote in an op-ed published Monday that “it’s hard to believe anyone would oppose such a policy.” “Yet well-funded abortion advocates like Planned Parenthood and the National Abortion Federation, who are radically out of step with the national consensus, have convinced some in Congress that requiring medical care for babies who survive abortion is an assault on ‘reproductive health care,’” Israel wrote for The Daily Signal.