FACT BRIEF

Do some states allow a baby to be 'executed' if an abortion ends in a live birth?

Friday, August 30, 2024

By Tom Kertscher

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Infanticide is a crime in every state.

“Killing a baby born alive is murder in all U.S. jurisdictions,” said Laura Hermer, a Mitchell Hamline School of Law professor in Minnesota.

Temple University law professor Dara Purvis said in rare circumstances when a newborn has a condition "that will lead to their death in the very near term and there is nothing that could be done to save the baby’s life ... parents can decline attempted resuscitation and other heroic measures. … This is not specific to an abortion ending in a live birth, which is vanishingly rare.”

Federal law ensures all infants born alive are persons with legal protections.

In La Crosse, Wisconsin, on Aug. 29, 2024, former president Donald Trump referred to abortion and said in "six states," including Minnesota, "if the baby is born, you're allowed to execute the baby after birth."

Fact-checkers have repeatedly debunked such claims.

See a full discussion of this at Wisconsin Watch

This fact brief is responsive to conversations such as this one.

Sources

Google Docs Laura Hermer email 8/30/24

Google Docs Dara Purvis email 8/30/24

Congress.gov H.R.2175 - Born-Alive Infants Protection Act of 2002

White House President Signs Born-Alive Infants Protection Act

PBS NewsHour WATCH LIVE: Trump holds campaign town hall in La Crosse, Wisconsin

New York Times Fact-Checking Biden’s and Trump’s Claims on Domestic Policy

PolitiFact Donald Trump is wrong on Democrats’ abortion stance. They don’t support the ‘execution’ of babies.

CNN Fact check: Trump falsely claims Democratic states are passing laws allowing people to execute babies after birth

PolitiFact Ron DeSantis’ False claim that some states allow ‘post-birth’ abortions. None do.

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