Well, it turns out that in Illinois, the law Barack Obama said already protected babies who survived abortions — 720 ILCS 510.6 — applied only where an abortionist declared before the abortion that there was "a reasonable likelihood of sustained survival of the fetus outside the womb." In other words, all the abortionist would have to do is declare before performing the abortion that the fetus would not survive, and presto! Even if it did survive, even if it turned out to be full-term and perfectly healthy, legally the baby would be considered "pre-viable" and thus not entitled to medical care.
But babies in places other than Illinois should be okay, right? Well, maybe not:
So clearly, the attitudes of the people involved in health care and law enforcement play a role in these decisions.
A similar dynamic plays out in cases in which live-born babies are left to die. They are extremely premature in most cases. How can the prosecutor prove that it was the neglect, and not extreme prematurity, that caused the baby's death? How can you prove that the baby would have lived, had he or she been taken to the NICU? All you can do is bring out charts showing survival rates, which prove only that the baby might have survived. This was the idea behind the Born Alive Infants Protection Act, which doesn't require that you prove that the care would definitely have saved the baby's life. All you'd have to prove is that other babies the same gestational age would have been provided with the care, which is much easier to prove.
There is a case playing out right now in Florida that will show how hard it is to prosecute these cases. A baby was born alive at a freestanding clinic. Multiple staff, as well as the mother, saw the baby moving. The clinic owner, Belkis Gonzalez (pictured), put the baby in a biohazard bag and tossed her on the roof of the building. An autopsy showed that the baby had been born alive. But will prosecutors believe that they can prove that it was being put in a biohazard bag and tossed on the roof in the hot sun that killed her? Will a juror sympathetic to the abortion cause hold out, claiming that Shanice would have died from prematurity anyway?
Considering how Gianna Jessen, Jill Stanek, and now Sarah Palin are coming under attack merely for pointing out that these things happen, can you imagine the firestorm an Illinois prosecutor could expect if he tried to pursue murder charges against an abortionist?
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