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Penalties needed for killing babies who survive abortion

February 01, 2011

The arrest of Philadelphia abortionist Kermit Gosnell, who has been charged with (among other crimes) deliberately killing a baby who survived an abortion, prompts legal scholar Hadley Arkes to point out a flaw in existing law.

The “Born-Alive Infants Protection Act” of 2002 outlaws killing a child who survives an abortion. However, in order to avoid a presidential veto, the bill—which was originally introduced in 2000, at the end of the Clinton presidency—contained no penalty for violations. Now, with the horrors of the Gosnell abortion mill in plain public view, Arkes argues that penal sanctions should be added:

This is the magic time to hold hearings in the House, to hear the testimony of how common in fact it has become to deliver babies alive and let them die, and to put the question directly: What should the penalties be for a doctor who kills a baby born alive, following an abortion?


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  • Posted by: unum - Feb. 02, 2011 6:19 AM ET USA

    Look for a veto from the most pro-abortion President in history if this bill passes the Progressives in the Senate without being watered down. Our unborn children don't have a chance as long as this President is in the White House and the Progressives control the Senate. "...and Jesus wept."

  • Posted by: lauriem5377 - Feb. 01, 2011 9:12 PM ET USA

    I hope that all prolife organizations will take on this issue after the exposure of this abortionist who is alleged to have killed these precious little babies with scissors.