WASHINGTON — U.S. Rep. Chris Smith, R-N.J., recently was joined
by more than 100 other members of the House in introducing the Pain-Capable
Unborn Child Protection Act of 2019, a measure that would ban abortions after
20 weeks of gestation.
Smith, a Catholic, who is co-chairman of the House Pro-Life
Caucus, is the lead sponsor of the bill, which cites research showing that
unborn babies "can feel agonizing pain" at 20 weeks of development.
"The majority of Americans — some 59 percent according to a
recent poll — support legal protection for pain-capable unborn children,"
Smith said in introducing the bill. He was referring to results of an annual
poll of Americans' views on abortion conducted by the Marist Poll at Marist
College and sponsored by the Knights of Columbus.
The poll also showed that 75 percent of respondents want
"substantial" restrictions on abortion access even as more than half
of respondents describe themselves as "pro-choice." The poll was
conducted Jan. 8-10 and the results were released ahead of the March for Life.
"Today we know that unborn babies not only die but suffer
excruciating pain during dismemberment abortion — a cruelty that rips arms and
legs off a helpless child," Smith said. "This tragic human rights
abuse must end."
Smith's bipartisan bill contains additional provisions to ensure
that two physicians are present to provide care for an unborn child who
survives an abortion, and states that the baby must be transported and admitted
to a hospital.
"These are very developed babies — these babies are capable
of feeling pain and are considered by the medical profession to be a second
patient,” said Jennifer Popik, legislative director for National Right to Life.
Similar laws are on the books in 17 states and three more states
ban abortion after 20 weeks for other reasons.
The legislation would punish doctors who perform an abortion
after 20 weeks, except in cases of rape, incest or if the life of the mother is
threatened. Women seeking abortions would not be penalized under the bill.
"This legislation has saved lives, driving abortionists out
of states who are performing abortions on these babies," Popik said in a
statement supporting the measure. "And this legislation has the power to
speak to the people of this country, highlighting, that where this bill is not
law, it is legal to kill these very developed unborn children."
The House passed the bill in October 2017, but in January 2018,
the Senate failed to pass its version of the Pain-Capable Unborn Child
Protection Act.
President Donald Trump had said he would have signed the measure
if it had passed both houses of Congress.
"The Senate's rejection of this common-sense legislation is
radically out of step with most Americans," New York Cardinal Timothy M.
Dolan said in a statement as then-chairman of the U.S. bishops' Committee on
Pro-Life Activities.