ACLJ Files Legal Demands of California Legislature Over New Law Which Could Effectively Legalize Infanticide

By 

John Monaghan

|
October 20, 2022

4 min read

Pro Life

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On September 27, 2022, Governor Newsom signed what amounts to a perinatal infanticide bill, AB 2223 (along with 12 other pro-abortion bills). As we’ve informed you, AB 2223 is especially egregious because it prevents coroners from investigating the deaths “related to or following known or suspected self-induced or criminal abortion,” including deaths of babies during the “perinatal” period – which is up to 28 days after birth. The bill also protects individuals from criminal or civil liability for the death of an infant during the perinatal period, if the death is “due to causes that occurred in utero.” As we have explained extensively, this new law may very well have the effect of decriminalizing infanticide.

In response to this bill, we just filed four records requests to the California Senate and Assembly under the Legislative Open Records Act (LORA) to get to the bottom of how AB 2223 passed in California, who was behind the effort, and if they received any legal analyses about the bill before voting on it.

Our LORA records demand letter reads:

The ACLJ requests copies of the following records be provided via email:

  1. All records prepared, generated, forwarded, transmitted, sent, shared, saved, received, or reviewed by you or your staff that are or concern in any way communications with any person or organization advocating for the statute titled, “Assembly Bill 2223 – Reproductive Health.”

  2. All final records prepared, assembled, or received by you or your staff that are comparisons of existing law, compilations of existing . . . public information, statistics, or data, and compilations or explanations of general areas or bodies of law, legislative history, or legislative policy concerning the statute referenced in request #1 above.

  3. All records prepared or generated, by you or your staff regarding the statute referenced in request #1 above.

We previously warned Governor Newsom that AB 2223 “changes California law in a way that radically undermines protection for newborns.” While the law looks like it prevents criminal or civil charges from being brought only in limited circumstances, by restricting coroners from conducting investigations, and by including a provision that imposes hefty penalties for a violation of the law, California has effectively removed protections for newborns during at least the first 28 days of their lives.

This is infanticide. Just like abortion, it is the murder of an innocent human being. But in this case, there’s no opportunity for the Left to say “it’s just a blob of cells.” This law is not only allowing but requiring that the death of babies—who are born alive, citizens of the United States, and should be afforded all the rights that our Constitution is designed to protect, including the most basic of all, the right to life—go uninvestigated and unpunished.

The passage of this bill into law is a perfect example of the fact that radical abortionists will never stop pushing to expand the killing of babies.

While moments where evil seems to win – as with the passage of AB 2223 – are difficult and discouraging, Scripture calls us to “Speak up for those who cannot speak for themselves; ensure justice for those being crushed. Yes, speak up for the poor and helpless, and see that they get justice.” Proverbs 31:8-9.

And that’s just what we intend to do. The fight against the murder of innocent human beings is one in which we all need to engage. We cannot afford to be silent. As the passage of AB 2223 has proven, abortion activists will never be satisfied – they are the epitome of those described in Scripture: “The bloodthirsty hate blameless people . . . .” But, as the rest of that Scripture states: “the upright seek to help them.” Proverbs 29:10.

When we get documents answering these questions, we will keep you updated.

Join us as we continue to fight for the preborn. Sign our petition today.