Friday, Aug. 30, 2024
Do some states allow a baby to be ‘executed’ if an abortion ends in a live birth?
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.
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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Fact briefs are bite-sized, well-sourced explanations that offer clear "yes" or "no" answers to questions, confusions, and unsupported claims circulating online. They rely on publicly available data and documents, often from the original source. Fact briefs are written and published by Gigafact contributor publications.
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