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Dick Durbin's Defining Flip-Flop

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21.04.2026

Sen. Dick Durbin of Illinois, who has served as the Senate's Democratic Whip for more than 20 years, went down to the Senate floor on Jan. 21, 2025, to speak about a bill aimed at protecting the lives of certain newborn babies.

The Born-Alive Abortion Survivors Protection Act, as described in its official summary, would have established "requirements for the degree of care a health care practitioner must provide in the case of a child born alive following an abortion or attempted abortion."

What exactly would this proposed law have required a health care practitioner to do when dealing with a born baby who survived an attempted abortion?

"Specifically," said the bill's summary, "a health care practitioner who is present must (1) exercise the same degree of care as would reasonably be provided to any other child born alive at the same gestational age, and (2) ensure the child is immediately admitted to a hospital."

"An individual who intentionally kills or attempts to kill a child born alive is subject to prosecution for murder," it said.

But the mother would not be prosecuted. "The bill," said the summary, "bars the criminal prosecution of a mother of a child born alive under this bill and allows her to bring a civil action against a health care practitioner or other employee for violations."

Durbin considered this bill an outrage.

"Tomorrow marks the 52nd year since our Nation's highest Court issued a rule recognizing a woman's constitutionally protected right to choose," he said on........

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