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11:26 p.m. ET, November 8, 2023

Fact Check: Tim Scott’s Claims about 15-week Federal Abortion Limit


From CNN’s Daniel Dale and Jen Christensen

During the GOP debate on Wednesday, Sen. Tim Scott voiced support for a 15-week federal limit on abortion, stating that he would not allow states like California, Illinois, or New York to have abortion up until the day of birth.

Facts First: This statement lacks context. California, Illinois, and New York do not permit unrestricted abortion throughout a pregnancy. Each of these states prohibits abortion after a certain point, but allows exceptions to protect the health of the pregnant person. Moreover, infanticide, or killing a child after birth, is illegal in all states.

It is possible that Scott was implying that without a federal law imposing a nationwide limit on abortion, these Democratic-led states might eliminate all limits on abortion in the future. However, his choice of words left open the impression that he was claiming these states have no current limits, which is not accurate.

California and Illinois both permit abortion until fetal “viability” (typically around 23-24 weeks), and after that when necessary to protect the “life or health” of the patient, in line with the Supreme Court’s now-overturned Roe v. Wade decision. New York law specifies that abortion is illegal after 24 weeks, except in cases of non-viable fetuses or to protect the pregnant person’s “life or health.”
Some conservatives disagree with the presence of “life or health” exceptions in abortion laws, arguing that the “health” part allows abortion at any time. However, the claim about “abortion on demand” incorrectly suggests that anyone can demand an abortion at any time for any reason in these states.

It’s important to note that a small percentage of abortions occur at 24 weeks or later.

0.9% of reported abortions in 2020 took place at 21 weeks or later. (Some of these abortions are due to serious health risks or lethal fetal anomalies.) By contrast, 80.9% of reported abortions in 2020 were performed before 10 weeks, 93.1% before 14 weeks, and 95.8% before 16 weeks.

There are instances in which parents choose to provide palliative care for babies born with conditions that will result in a short lifespan. This is not equivalent to ending the baby’s life.

Reference 

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