Xavier Becerra Denies Federal Law Bans Partial-Birth Abortions, Would He Not Enforce It?

Opinion   |   Mallory Quigley   |   May 12, 2021   |   3:31PM   |   Washington, DC

Today during a House Energy and Commerce Committee, Health Subcommittee hearing, U.S. Department of Health & Human Services Secretary Xavier Becerra denied multiple times that U.S. law bans the particularly brutal abortion procedure known as partial-birth abortion.

The Partial-Birth Abortion Ban Act of 2003 defines partial-birth abortion as “an abortion in which a physician deliberately and intentionally vaginally delivers a living, unborn child’s body until either the entire baby’s head is outside the body of the mother, or any part of the baby’s trunk past the navel is outside the body of the mother and only the head remains inside the womb, for the purpose of performing an overt act (usually the puncturing of the back of the child’s skull and removing the baby’s brains) that the person knows will kill the partially delivered infant.” The U.S. Supreme Court upheld the law in Gonzales v. Carhart.

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The national pro-life group Susan B. Anthony List (SBA List) slammed Becerra in a statement saying:

“During his confirmation hearings, Xavier Becerra dodged questions about his stance on partial-birth abortion – when an unborn child is partially delivered and then killed – deflecting with repeated claims that he would ‘follow the law’ as head of HHS. Now the top health official in America, Becerra outright denies the existence of a law banning partial-birth abortion since 2003,” said SBA List President Marjorie Dannenfelser. “Becerra can hardly plead ignorance on this topic. As a freshman congressman, he voted against the ban. This shameless lie is standard for the most radical pro-abortion administration in history. It should not be hard to recognize that partially delivering a baby and then suctioning his or her brain is not only illegal, but utterly inhumane.

“As Becerra works hand-in-glove with the White House to expand abortion on demand and force taxpayers to bankroll the abortion industry against their will, pro-life leaders in Congress are fighting back. 210 legislators are demanding a vote on legislation to protect babies born alive during failed abortions from being killed or left to die. If just five Democrats sign the petition, it will force a vote Speaker Pelosi seems desperate to avoid. Sadly, not a single Democrat has yet signed the petition and opposed infanticide.

“We thank pro-life leaders Rep. Gus Bilirakis, Rep. John Joyce, and Rep. Dan Crenshaw who demanded answers from Secretary Becerra in today’s hearing. Becerra’s responses further reveal the extremism of Biden-Harris Democrats and SBA List will work tirelessly to expose them and ensure political consequences.”

Last month Representative Kat Cammack (R-FL) filed a discharge petition demanding a vote on the Born-Alive Abortion Survivors Protection Act (H.R. 619), legislation sponsored by Representative Ann Wagner (R-MO) and Whip Steve Scalise (R-LA). The bill would ensure that babies born alive during failed abortions receive the same medical care that would be afforded a premature infant born at the same age.

The legislation has been repeatedly blocked by Democrats in both the House and Senate. If 218 representatives sign the discharge petition, it will force a vote in the House.

Ahead of the marking of the 100th day of the Biden-Harris administration, SBA List released a detailed memo reporting on the pro-abortion extremism of the administration including both the executive branch and the narrow Democratic majority in Congress.