FACT CHECK: Joe Biden and Kamala Harris Support Abortion Up Until the Moment of Birth

Fact 1: The United States has no federal limit on abortion and is one of only seven countries worldwide to allow elective abortion beyond 20 weeks/five months, and all the way to birth (more).

  • The Washington Post fact-checked this data point in 2017, concluding it is true and awarding the “Geppetto Checkmark”
  • Doe v. Bolton, the companion decision to Roe v. Wade, broadly defined the “health exception” and designated that decision to be left to the abortionist: “…the medical judgment may be exercised in the light of all factors physical, emotional, psychological, familial, and the woman’s age relevant to the well-being of the patient. All these factors may relate to health. This allows the attending physician the room he needs to make his best medical judgment.”

Fact 2: Joe Biden has pledged to codify Roe into law.

Fact 3: The 2020 Democratic Party platform calls for the repeal of ALL pro-life laws on the books and calls for the codification of Roe.

  • The Democratic Party platform states: “Democrats oppose and will fight to overturn federal and state laws that create barriers to women’s reproductive health and rights. We will repeal the Hyde Amendment, and protect and codify Roe v. Wade.”

Fact 4: As a U.S. senator, Kamala Harris has voted twice against both the Pain-Capable Unborn Child Protection Act, which would ban late-term abortions after five months of pregnancy, and the Born-Alive Abortion Survivors Protection Act, which would protect babies who survive failed abortions.

  • Harris voted against Pain-Capable in 2018 and 2020
  • Harris voted against Born-Alive in 2019 and 2020

Fact 5: To date, Joe Biden and Kamala Harris have refused to identify a single restriction on abortion that they would support.

  • In February 2019, The Daily Caller asked Senator Harris if there was a point at which abortion would be considered immoral. She replied: “I think it’s up to a woman to make that decision, and I will always stand by that. I think she needs to make that decision with her doctor, with her priest, with her spouse. I would leave that decision up to them.”


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