On Wednesday, every Democrat in the U.S. Senate voted against a bill that would have mandated that doctors offer lifesaving medical care to newborns delivered after a failed abortion attempt.

The party-line opposition effectively killed the bill in the upper chamber of Congress, as Newsweek reported.

Republican Sen. James Lankford presented the "Born-Alive Abortion Survivors Protection Act," which would have ensured that "any infant born alive after an abortion" would be treated equally under the law.

The legislation would have required health care professionals who were on scene during such a birth to “exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a … health care practitioner would render to any other child born alive at the same gestational age.”

Reason for Failure

Despite the fact that a majority of senators voted to advance the legislation, the measure was unable to surpass the 60-vote threshold required to overcome the filibuster.

The bill was supported by every Republican who voted, while every Democrat who voted was in opposition. The final vote was 52-47. One Republican was unavailable to vote.

“I am disappointed that every Senate Democrat voted against my [bill], making something that should be common sense completely partisan for the first time,” Lankford said in a post on X.

“This bill is straightforward and would save lives,” he added. “I believe every life is valuable and that no one is disposable.”

I am disappointed that every Senate Democrat voted against my Born-Alive Abortion Survivors Protection Act, making something that should be commonsense, completely partisan for the first time. This bill is straightforward and would save lives. I believe every life is valuable and…

— Sen. James Lankford (@SenatorLankford) January 22, 2025

Before the vote, Senate Minority Leader Chuck Schumer, a Democrat, claimed that the measure "attacks women's health" and "adds more legal risk for doctors on something that is already illegal."

He claimed that the bill was a component of an "extremist anti-choice resurgence." However, it is worthy of note that the bill as it was presented before the Senate, would not have restricted or limited access to abortions that are legal.

Legislation Details

The measure would have mandated that employees report violations to law enforcement and that any health care practitioner who fails to provide equal health care for an infant who survives an abortion attempt be sentenced to up to five years in prison.

The woman who underwent the abortion would have been able to file a lawsuit against a healthcare provider who violated this law.

Under no circumstances could the mother of a child who survives an abortion attempt be prosecuted under this law.