Paul Mitchell on Abortion

Include pre-born human beings in 14th Amendment protection.

A bill to implement equal protection under the 14th Amendment to the Constitution of the United States for the right to life of each born and preborn human person.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, to implement equal protection for the right to life of each born and preborn human person, the Congress hereby declares that the right to life guaranteed by the Constitution is vested in each human being.

Nothing in this Act shall be construed to require the prosecution of any woman for the death of her unborn child, a prohibition on in vitro fertilization, or a prohibition on use of birth control or another means of preventing fertilization.

In this Act, the terms `human person` and `human being` include each member of the species homo sapiens at all stages of life, including the moment of fertilization or cloning, or other moment at which an individual member of the human species comes into being.

Supports pro-life legislation.

The Project Vote Smart Voter Guide inferred how candidates would respond to the question, 'Abortion: Do you generally support pro-choice or pro-life legislation?' Project Vote Smart notes, "in response to the increasing unwillingness of candidates to answer issue questions, Project Vote Smart has researched Congressional candidates' public records to determine candidates' likely responses on certain key issues. These issue positions, from the year 2016, are provided [for candidates who] refused to provide voters with positions on key issues covered by the 2016 Political Courage Test, despite repeated requests. Historically, candidates have failed to complete our test due to the advice they receive from their parties and advisors and out of fear of negative attack ads."

Sponsored bill to protect infant survivors of abortion.

S.311/H.R.962: Born-Alive Abortion Survivors Protection Act: Congress finds the following:

• If an abortion results in the live birth of an infant, the infant is a legal person for all purposes under the laws of the United States, and entitled to all the protections of such laws.
• (2) Any infant born alive after an abortion or within a hospital, clinic, or other facility has the same claim to the protection of the law that would arise for any newborn, or for any person who comes to a hospital, clinic, or other facility for screening and treatment or otherwise becomes a patient within its care.
• In the case of an attempted abortion that results in a child born alive, any health care practitioner present at the time the child is born alive shall exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious health care practitioner would render to any other child born alive at the same gestational age.

Opposing argument from Rewire.com, "Born Alive Propaganda," by Calla Hales, 4/12/2019: From restrictive bans at various points of pregnancy to a proposed death penalty for seeking care, both federal and state legislators are taking aim at abortion rights. The goal? To make abortion illegal, criminalizing patients and providers in the process. One kind of bill making a recent resurgence is the "Born-Alive Abortion Survivors Protection Act." These bills aim to further the false narrative that abortions regularly occur immediately before or, according to the president, at the time of birth. Intentional action to end the life of an infant is already illegal. This is covered by federal and state infanticide laws. These bills do nothing but vilify physicians who provide reproductive health care.

Legislative outcome Referred to Committee in House; Senate motion to proceed rejected, 56-41-3 (60 required).