01.22.25

Democrats Filibuster Basic Protections for Babies

When Democrats Were in the Majority, They Sought to Abolish the Filibuster; Now They Use It to Block the Born-Alive Abortion Survivors Protection Act

DEMOCRATS HIGHLIGHT THEIR EXTREMISM BY USING THE FILIBUSTER TO OPPOSE SENS. LANKFORD AND BANKS’ COMMONSENSE AND NARROW BILL

  • “In 2002, Congress passed the Born-Alive Infants Protection Act which codified in law that a newborn, regardless of the circumstances of their birth, is to be legally recognized as a person from the moment of birth if he or she show any sign of life. The 2002 law did not provide any measures to enforce the protection of these infants, which has allowed the current practice of leaving a child to die after a botched abortion to continue. The Born-Alive Abortion Survivors Protection Act adds clear expectations of care, hospital transfer requirements, mandatory reporting, private rights of action for moms, and reasonable criminal penalties for health care professionals who violate the law.” (Sen. Lankford Press Release: Lankford, Banks Lead Bill to Protect Babies Born After Botched Abortions from Infanticide – 1/16/25)
  • “Republicans sought cloture on the ‘Born-Alive Abortion Survivors Protection Act,’ a bill that requires health care practitioners to provide the ‘same degree of professional skill, care, and diligence’ for a child ‘born alive’ during an attempted abortion, as they would during normal childbirth.” (The Hill: Senate Democrats block GOP’s ‘born-alive’ abortion bill – 1/22/25)
  • “With Democrats unanimously opposed, the measure stalled in the Senate on a party-line vote of 52 to 47, falling short of the 60 votes needed to overcome a filibuster and advance toward a final vote.” (The New York Times: Senate Democrats Block G.O.P. Effort to Criminalize Some Abortion Providers – 1/22/25)
  • According to data made available to the Charlotte Lozier Institute, of the eight states that report data on infants born alive after an abortion, “284 babies were reported to have been born alive between 1997 and 2024.” (Charlotte Lozier Institute: Fact Sheet: Questions and Answers on Born-Alive Abortion Survivors – 12/19/24)
  • In 2019, then-Gov. Ralph Northam (D-Va.) described precisely the kind of practice the Born-Alive bill seeks to curtail: “The infant would be delivered. The infant would be kept comfortable. The infant would be resuscitated if that’s what the mother and the family desired. And then a discussion would ensue between the physicians and the mother.” (CNN: Virginia governor faces backlash over comments supporting late-term abortion bill – 1/31/19)

FLIP: IN THE MINORITY, DEMOCRATS ARE MORE THAN HAPPY TO KEEP AND USE THE FILIBUSTER

  • While Democrats were in the minority, 32 Senate Democrats signed a bipartisan letter in 2017 “opposing any effort to curtail the existing rights and prerogatives of Senators to engage in full, robust, and extended debate” on legislation – 18 of whom currently serve in the 119th Congress. (Sen. Collins: Letter – 4/7/17)
    • “Am I championing getting rid of the filibuster now when the Senate has the trifecta? No. But had we had the trifecta, I would’ve been because we have to show that government can deliver.” – Rep. Pramila Jayapal (D-Wash.)
    • “Without the 60-vote threshold for legislation, the Senate becomes a majoritarian institution like the House, much more subject to the winds of short-term electoral change. No Senator would like to see that happen so let's find a way to further protect the 60-vote rule for legislation.” – Democrat Leader Chuck Schumer (D-N.Y.)
    • “Well, I can tell you that would be the end of the Senate as it was originally devised and created going back to our Founding Fathers. We have to acknowledge our respect for the minority, and that is what the Senate tries to do in its composition and in its procedure.” – Democrat Whip Dick Durbin (D-Ill.)
    • “If last year we did not have the filibuster, the Trump administration and the GOP majority could have rammed through an incredible range of laws that those same progressive groups would find incredibly destructive to the nation. ... I think the consequences of getting rid of it are too great.” – Sen. Chris Coons (D-Del.)
    • “What you might think today would be in your favor, might not be in your favor tomorrow.” – Sen. Jacky Rosen (D-Nev.)
    • “No, we’d turn into the House.” – Sen. Mazie Hirono (D-Hawaii)

FLOP: IN THE MAJORITY, DEMOCRATS TRIED AND FAILED TO ABOLISH THE FILIBUSTER TO FORCE THROUGH THEIR LEGISLATIVE PRIORITIES

  • In January 2022, 48 Senate Democrats voted to eliminate the legislative filibuster. (H.R. 5746, Roll Call Vote #10 – 1/19/22)
  • At the time, Democrats sought to eliminate the filibuster to pass federal election legislation. (The Wall Street Journal: Talking Filibuster? How Democrats Proposed Changing Senate Rules – 1/19/22)
  • Former Sens. Joe Manchin (D-W.Va.) and Kyrsten Sinema (D-Ariz.) stood with a unified Republican conference to preserve the filibuster. (NBC News: Manchin, Sinema join Senate GOP in rejecting filibuster rule change, dooming voting bills – 1/19/22)
  • “The pair were run out of the Senate and the Democratic Party for their apostasy in supporting the filibuster as a barrier against runaway majorities.” (The Wall Street Journal: Editorial: The Senate Stakes on the Filibuster – 8/23/24)
  • Democrat candidates got the message: every newly-elected Senate Democrat has gone on the record supporting the elimination of the filibuster. (NBC News: Democrats Gear Up To Overhaul The Senate Filibuster For Major Bills If They Win In 2024 – 5/17/24; The New York Times: Nobody Saw Andy Kim Coming. That’s What He Was Counting On – 4/29/24)

JUST MONTHS AGO, DEMOCRAT LEADERS SAID THEY WOULD TRY AGAIN TO ELIMINATE THE FILIBUSTER IF THEY WERE TO WIN THE ELECTION

  • “Chuck Schumer discussed plans for a scenario that just a month ago seemed awfully remote: a Democratic governing trifecta… Schumer was not shy about suggesting that the legislative filibuster may be at risk for at least some pieces of high-profile legislation.” (Politico’s Playbook: The late, late show – 8/20/24)
    • “We came close last time, as you remember, we couldn’t change the rules, but I think there would be a consensus in my caucus to try and do that.” – Democrat Leader Chuck Schumer (D-N.Y.)
    • “We got it up to 48, but, of course, Sinema and Manchin voted no; that’s why we couldn’t change the rules. Well, they’re both gone… Ruben Gallego is for it, and we have 51. So even losing Manchin, we still have 50.” – Democrat Leader Chuck Schumer (D-N.Y.)
    • “Sign me up for an honest-to-goodness conversation about reforming the filibuster beyond one or two [issues]…” – Democrat Whip Dick Durbin (D-Ill.)
    • “We would have Roe v. Wade as law of the land, comprehensive immigration reform, better gun safety laws… And we’d just be warming up… So why keep this hanger-oner?” – Sen. Elizabeth Warren (D-Mass.)
    • “If we have the majority in the Senate, we will also have the majority to codify Roe versus Wade. I’m planning on it… So this is up to the voters now.” – Sen. Chris Murphy (D-Conn.)

THE REPUBLICAN MAJORITY WILL DEFEND THE FILIBUSTER AND SUPPORT MINORITY PARTY RIGHTS

  • “And one of my priorities as leader will be to ensure that the Senate stays the Senate. That means preserving the legislative filibuster – the Senate rule that today has perhaps the greatest impact in preserving the Founders’ vision of the Senate.” – Senate Majority Leader John Thune (R-S.D.)