Lankford and Graham Reintroduce 20 Week Abortion Ban

WASHINGTON, DC – US Senators James Lankford (R-OK) and Lindsey Graham (R-SC) today reintroduced the Pain-Capable Unborn Child Protection Act.

The legislation would provide common-sense protections for unborn children at 20 weeks after fertilization, a point at which there is significant scientific evidence that abortion inflicts tremendous pain on the unborn.

“Every life is valuable—born or unborn,” said Lankford. “It shouldn’t be controversial to say that if a child survives an attempted abortion and is living outside his or her mother, that baby deserves to receive care. We should all agree that tax dollars should not fund abortion on demand in the United States or overseas. When science has shown a child can feel pain, they should not be subjected to a dismemberment abortion. And if a healthcare professional has a moral objection to participating in an abortion procedure, which by definition is the taking of life, they should not be forced by their employer to destroy the life they pledged to protect. Protecting life should not be a partisan issue; it should be an American issue. I am proud to speak up for the millions of children who cannot speak for themselves and honor their right to life.”

“I am proud to once again introduce the Pain-Capable Unborn Child Protection Act,” said Graham.  “There are only seven countries that allow wholesale abortions at the 20-week period, including China and North Korea. The United States should not be in that club. I don’t believe abortion, five months into pregnancy, makes us a better nation,” said Graham. “America is at her best when she’s standing up for the least among us, and the sooner we pass this legislation into law, the better. We are on the right side of history.”

The legislation is cosponsored by US Senators Jim Inhofe (R-OK), John Barrasso (R-WY), Marsha Blackburn (R-TN), Roy Blunt (R-MO), John Boozman (R-AR), Mike Braun (R-IN), John Cornyn (R-TX), Tom Cotton (R-AR), Kevin Cramer (R-ND), Mike Crapo (R-ID), Ted Cruz (R-TX), Steve Daines (R-MT), Joni Ernst (R-IA), Deb Fischer (R-NE), Chuck Grassley (R-IA), Bill Hagerty (R-TN), Josh Hawley (R-MO), John Hoeven (R-ND), Cindy Hyde-Smith (R-MS), Ron Johnson (R-WI), John Kennedy (R-LA), Cynthia Lummis (R-WY), Roger Marshall (R-KS), Mitch McConnell (R-KY), Jerry Moran (R-KS), Rand Paul (R-KY), Rob Portman (R-OH), James Risch (R-ID), Mitt Romney (R-UT), Mike Rounds (R-SD), Marco Rubio (R-FL), Ben Sasse (R-NE), Rick Scott (R-FL), Tim Scott (R-SC), Richard Shelby (R-AL), Dan Sullivan (R-AK), John Thune (R-SD), Thom Tillis (R-NC), Pat Toomey (R-PA), Tommy Tuberville (R-AL), Roger Wicker (R-MS), and Todd Young (R-IN).

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Background on Pain-Capable Unborn Child Protection Act

At the age of 20 weeks post-fertilization, scientific evidence tells us an unborn child can feel pain. Anesthesia is administered directly to the unborn child in second-trimester fetal surgery. The unborn child shows physical, chemical, brain and stress responses demonstrating pain at this stage of development.

 The Pain-Capable Unborn Child Protection Act is based in science, has overwhelming public support, and is necessary to protect unborn children from painful and untimely deaths.

 Highlights:

• This legislation protects unborn babies after 20 weeks or five months, more than halfway through pregnancy.

• The United States is one of only seven countries that allows on-demand abortions past 20 weeks. The other six are: North Korea, China, Vietnam, Singapore, Canada, and the Netherlands. Pain-Capable legislation has already passed in South Carolina and other states. They include Ohio, West Virginia, Wisconsin, Indiana, North Dakota, South Dakota, Nebraska, Kansas, Idaho, Iowa, Oklahoma, Texas, Louisiana, Arkansas, Mississippi, Alabama, Georgia, Kentucky, and Arizona.

• Advances in modern medicine help babies born at 20, 21 and 22 weeks post-fertilization survive outside the womb. The pain these babies feel outside the womb gives evidence to the pain their unborn counterparts feel while in utero. 

• Ultrasounds show unborn babies at 20 weeks sucking their thumb, yawning, stretching and making faces.

Summary of Provisions: 

• The Pain-Capable Unborn Child Protection Act would make it illegal for any person to perform, or attempt to perform, an abortion without first making a determination of the probable post-fertilization age of the unborn child.

• If the post-fertilization age of the unborn child is determined to be 20 weeks or greater, an abortion shall not be performed, unless –
• It is necessary to save the life of the pregnant woman;
• The pregnancy is a result of rape and the woman has received medical treatment or counseling at least 48 hours prior to the abortion; or if she chooses to do so, has made a report to law enforcement; or
• The pregnancy is a result of rape or incest against a minor and the abuse is reported to either social services or law enforcement. 

• In the case of the exceptions –
• the abortion may only proceed in a manner that provides the best opportunity for the unborn child to survive unless that would pose a greater risk of death or serious bodily injury to the pregnant woman; and
• the abortion provider must receive informed consent from the pregnant woman, certifying that she has been provided the child’s gestational age, a description of the law, and her rights under the law.

• A woman on whom an abortion was performed in violation of this Act may bring a civil action against the abortion provider in court to recover damages.

• Abortion doctors are required to submit annual data to the National Center for Health and Statistics providing statistical information about abortions carried out after 20 weeks post-fertilization age.

• The criminal punishment for a violation of this Act is imprisonment of up to five years, fines, or both. 

• The Act makes clear that a woman who receives an illegal abortion in violation of this act may not be prosecuted.