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Writer's pictureNaima

Fact Check: Minnesota Abortion Law Claims

Updated: Oct 2

"There is no state in this country where it is legal to kill a baby after it’s born."


Those were the words of ABC News moderator Linsey Davis while fact-checking the 2024 U.S. Presidential debate after Donald Trump accused the Democratic VP candidate, Governor Tim Walz, of signing a law allowing "execution after birth".


Senator JD Vance, the GOP's VP nominee, also invoked this refuted talking point during the 2024 VP debate when he said:


"The statute that you signed into law? It says that a doctor...is under no obligation to provide lifesaving care to a baby who survives a botched late-term abortion..."

So, does Minnesota's 2023 abortion law allow doctors to "execute" babies?


Image of a baby being delivered by doctors.
Doctors delivering a newborn - credits: sasint

No.


For starters, such a law would be a violation of federal law under the "Born-Alive Infants Protection Act of 2002".


What Minnesota's Abortion Law Says


Here's the actual text of the 2023 abortion law in question:


An infant who is born alive shall be fully recognized as a human person, and accorded immediate protection under the law. All reasonable measures consistent with good medical practice, including the compilation of appropriate medical records, shall be taken by the responsible medical personnel to care for the infant who is born alive.


Why Does This Keep Coming Up?


It may be due to a minor update in the 2023 law's language.


Originally, the law required medical personnel "preserve the life and health of the born alive infant". This line was changed to "care for the infant who is born alive".

 

Why The Change?

 

Experts say this change in language allows parents to have time with their dying infants.


Under the previous law, doctors were required to take action - even if it was futile. This often robbed both parents and their babies of being able to share even those few precious moments of life. With this new language, parents can opt to forego unnecessary interventions and spend their child's last moments holding them.


Did JD Vance Lie?

 

Not exactly.


While entirely misleading, his claim that a doctor has "no obligation to provide lifesaving care" does have a bent truth to it.


Doctor's are obligated to provide "care" according to best medical practices, the parent's wishes, and common sense. However, Doctor's are not obligated to provide "lifesaving care" to anyone under undesirable circumstances, including newborns.


Thanks to the 2023 law, newborns and their parents are afforded the same rights as any other Minnesotans - including the right to die with dignity...in the arms of those who love them.


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Learn more about reproductive rights laws in "Three Days Until..."

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