Naming Names: Which U.S. Senators Again Voted Against Protecting Innocent Babies From Barbaric, Painful Abortion and in Favor of Allowing Infanticide

The U.S. Senate just had a chance to protect defenseless unborn babies, but failed to do so – even though a bipartisan majority of the Senate voted in favor of life – TWICE.

The Senate voted on two crucial bills: The Pain-Capable Unborn Child Protection Act and the Born-Alive Abortion Survivors Act.

As we’ve explained before, the Pain-Capable bill would have banned abortions after 20 weeks, the point at which babies are fully able to feel pain and experience physical suffering. Protecting babies from being ripped from the womb at this stage seems like a commonsense, compassionate move; and yet, the bill fell short of the necessary 60 votes.

A bipartisan majority of 53 Senators – including 2 Democrats – voted in favor of sparing these precious babies from excruciating pain. Senator Joe Manchin (D-WV) and Senator Bob Casey (D-PA) crossed the aisle to join their Republican colleagues and protect babies.
Sadly, it wasn’t enough.

Unfortunately, two other Senators crossed the aisle when Republican Senators Susan Collins (ME) and Lisa Murkowski (AK) sided with the pro-abortion Democrats in voting against the bill.

At the ACLJ, we will not hesitate to name names. We want you to know exactly who supports the horrific killing of unborn children who can feel the pain of being aborted. Here is the list of Senators who voted against the Pain-Capable Unborn Child Protection Act:

Tammy Baldwin (D-WI)
Michael Bennet (D-CO)
Richard Blumenthal (D-CT)
Cory Booker (D-NJ)
Sherrod Brown (D-OH)
Maria Cantwell (D-WA)
Ben Cardin (D-MD)
Tom Carper (D-DE)
Susan Collins (R-ME)
Chris Coons (D-DE)
Catherine Cortez Masto (D-NV)
Tammy Duckworth (D-IL)
Richard Durbin (D-IL)
Dianne Feinstein (D-CA)
Kirsten Gillibrand (D-NY)
Kamala Harris (D-CA)
Maggie Hassan (D-NH)
Martin Heinrich (D-NM)
Mazie Hirono (D-HI)
Tim Kaine (D-VA)
Angus King (I-ME)
Patrick Leahy (D-VT)
Ed Markey (D-MA)
Bob Menendez (D-NJ)
Jeff Merkley (D-OR)
Lisa Murkowski (R-AK)
Chris Murphy (D-CT)
Patty Murray (D-WA)
Gary Peters (D-MI)
Jack Reed (D-RI)
Jacky Rosen (D-NV)
Brian Schatz (D-HI)
Chuck Schumer (D-NY)
Jeanne Shaheen (D-NH)
Kyrsten Sinema (D-AZ)
Tina Smith (D-MN)
Debbie Stabenow (D-MI)
Jon Tester (D-MT)
Tom Udall (D-NM)
Chris Van Hollen (D-MD)
Mark Warner (D-VA)
Sheldon Whitehouse (D-RI)
Ron Wyden (D-OR)

Refusing to spare babies from pain seems cruel enough. But to add to the horror, the Senate also voted on and failed to pass the Born-Alive Abortion Survivors Protection Act, which would make it illegal for doctors to deny medical care to babies who somehow manage to survive an abortion, and essentially allow the child to die on the table from neglect.

As we’ve previously explained the bill before:

The Born-Alive Abortion Survivors Protection Act simply requires that health care practitioners who are present when a baby is born alive to exercise the same degree of care that would be offered to any other child born prematurely. It would require that after exercising skill, care, and diligence to preserve the life and health of the child, the health workers must transport the child to a hospital for further care. This bill would also penalize the intentional killing of a born-alive child through fines and/or imprisonment.  Finally, it seeks to promote the dignity of the mother of the abortion survivor by giving them a civil cause of action and protection from prosecution.

It’s actually mind-boggling that this appalling infanticide isn’t already prohibited across the country. Imagine taking the Hippocratic Oath, but somehow possessing so little humanity that you could watch a precious baby – very much alive – dying before you, and choose not to administer lifesaving care to stop it.

It didn’t compel enough U.S. Senators to stop it either.

In the case of the Born-Alive bill, all Republican Senators, including Senators Murkowski and Collins, voted in favor of banning infanticide. But as reported: “Forty-one Democratic senators voted to block the born-alive bill by filibustering the legislation and preventing it from advancing to a floor vote.” 

The Senate had the opportunity to right this incomprehensible wrong, but again fell short of the votes it needed.

Leading Democrats fell back on their usual deceptive argument that this bill might somehow negatively impact women’s health:

Senate Minority Leader Chuck Schumer, D-N.Y., accused Republicans of acting in bad faith and alleged that the bills would "criminalize" women's reproductive care and intimidate health care providers.

"Every single Senate Republican knows that these bills cannot and will not pass," he said. "But they're putting them on the floor anyway to pander to the hard right. And to cover up the fact that they won't provide good health care for women."

“Born Alive” neither regulates nor limits abortion or women’s healthcare options. All it does, literally, is allow babies who are alive to stay that way and have a fair shot at living a life like everyone else. It criminalizes killing-by-neglect of a living human being. 

This is the second time the Senate has voted on, but failed to pass, the Born-Alive bill. As we reported in February of 2019, the vote garnered a bipartisan majority of 53 votes, including 3 Democrats: Senators Joe Manchin (D-WV), Doug Jones (D-AL), and Bob Casey Jr. (D-PA). The good news is those same three Democrat Senators once again sided with Republicans and innocent babies this year, resulting in 56 yes votes this time. Still short, but getting closer.

As Senate Majority Leader Mitch McConnell stated about the bill last year:

“Whatever the circumstances, if that medical professional comes face to face with a baby who has been born alive, they are looking at a human being with human rights. Period. To be frank, it makes me uneasy that such a basic statement seems to be generating actual disagreement. Can the extreme, far-left politics surrounding abortion really have come this far? Are we really supposed to think it’s normal that there are now two sides debating whether newborn, living babies deserve medical attention?

The following is a list of Senators who apparently felt these babies don’t deserve that life-saving care:

Tammy Baldwin (D-WI)
Michael Bennet (D-CO)
Richard Blumenthal (D-CT)
Cory Booker (D-NJ)
Sherrod Brown (D-OH)
Maria Cantwell (D-WA)
Ben Cardin (D-MD)
Tom Carper (D-DE)
Chris Coons (D-DE)
Catherine Cortez Masto (D-NV)
Tammy Duckworth (D-IL)
Richard Durbin (D-IL)
Dianne Feinstein (D-CA)
Kirsten Gillibrand (D-NY)
Kamala Harris (D-CA)
Maggie Hassan (D-NH)
Martin Heinrich (D-NM)
Mazie Hirono (D-HI)
Tim Kaine (D-VA)
Angus King (I-ME)
Patrick Leahy (D-VT)
Ed Markey (D-MA)
Bob Menendez (D-NJ)
Jeff Merkley (D-OR)
Chris Murphy (D-CT)
Patty Murray (D-WA)
Gary Peters (D-MI)
Jack Reed (D-RI)
Jacky Rosen (D-NV)
Brian Schatz (D-HI)
Chuck Schumer (D-NY)
Jeanne Shaheen (D-NH)
Kyrsten Sinema (D-AZ)
Tina Smith (D-MN)
Debbie Stabenow (D-MI)
Jon Tester (D-MT)
Tom Udall (D-NM)
Chris Van Hollen (D-MD)
Mark Warner (D-VA)
Sheldon Whitehouse (D-RI)
Ron Wyden (D-OR)

In both critical decisions, it’s worth noting Senator Bernie Sanders, Senator Amy Klobuchar, and Senator Elizabeth Warren all found it more important to be on the campaign trail and did not vote; but based on their public statements, it is pretty clear they would NOT have sided with life.

The ACLJ will continue to fight tirelessly in Washington and in courtrooms across the country – including the Supreme Court – to end this terrible suffering and protect babies.