Fact Check: Trump is Still Claiming That Some States Permit The “Execution” of Babies After Birth

By: May Man Published: Sep 04, 2024

Former President Donald Trump has twice repeated the unfounded claim that some U.S. states, in their efforts to protect abortion rights, allow the killing of babies after birth.

This assertion is baseless and has been widely debunked.

Statements to Fox News and Michigan Rally

During an interview with a Fox News reporter on Friday, Trump stated, “You know some of the states, like Minnesota and other states have it where you can actually execute the baby after birth. And all of that stuff is unacceptable.”

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Republican presidential nominee, former U.S. President Donald Trump speaks

Source: Alex Wong/Getty Images

This remark came in response to a question about whether he would support Florida’s Amendment 4, which aims to establish a constitutional right for women to obtain an abortion in the state. A day earlier, while campaigning in Michigan, Trump made a similar statement, telling his audience, “In six states you’re allowed to kill the baby after the baby is born. And you know, one of those states is Minnesota.”

The Reality of State Laws

In reality, no U.S. state, including Minnesota, allows for the killing of a baby after birth, a fact confirmed by numerous fact-checks.

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The Supreme Court building seen in the daytime.

Source: Joshua Woods/Unsplash

Nonetheless, Trump, who appointed three conservative Supreme Court justices and frequently takes credit for the overturning of Roe v. Wade, continues to include this false claim in his campaign speeches, interviews, and during his debate against President Biden on June 27.

Origins of the Infanticide Claim

Trump first introduced the false narrative that some Democrat-led states allow infanticide during his 2019 State of the Union address, three years before the Supreme Court overturned Roe.

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A person holding a newborn baby’s feet.

Source: Omar Lopez/Unsplash

This narrative has persisted in his rhetoric as he continues to address the issue of abortion in his public statements.

Targeting Governor Northam

In his 2019 speech, Trump criticized then-Virginia Governor Ralph Northam, a Democrat, accusing him of saying he would “execute a baby after birth.” Northam had provoked Republican anger with comments he made regarding a hypothetical scenario in which a woman requests an abortion during labor due to severe fetal deformities or non-viability.

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Govenor Northam looking up to top right

Source: Wikimedia

Northam stated that “the infant would be delivered. The infant would be kept comfortable. The infant would be resuscitated if that’s what the mother and the family desired,” but he did not suggest that an abortion could be performed after birth.

The Virginia Bill

Northam also supported a proposed state law that would have allowed doctors and patients to decide on performing late-term abortions.

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Republican presidential nominee, former U.S. President Donald Trump speaks during a campaign rally

Source: Rebecca Noble/Getty Images

However, this bill was never passed and is not the law in Virginia, a fact that did not stop Trump from using it as part of his argument against abortion rights in his speeches.

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False Claims About New York

During his State of the Union address, Trump also falsely claimed, “You have New York state and other places that passed legislation where you’re allowed to kill the baby after birth.”

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Republican Presidential Candidate Donald Trump Holds Rally In York, Pennsylvania

Source: Tierney L. Cross/Getty Images

No such legislation exists in any state, yet Trump has continued to use this rhetoric to rally his base.

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Abortion as a Key Election Issue

Despite the persistent falsehood, a growing number of Americans cite abortion as their top issue in the 2024 election. Following the Supreme Court’s decision to overturn Roe, abortion rights have become a significant concern for Democrats.

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A person holding a blue sign up that says “Keep abortion legal.”

Source: Gayatri Malhotra/Unsplash

A May Gallup poll found that 85% of Americans believe abortion should be legal under certain circumstances, and a June Associated Press/NORC poll revealed that 70% support legal abortion in all or most cases. Additionally, an April Yahoo News/YouGov poll indicated that a growing majority of Americans favor Congress passing a law that would restore Roe v. Wade protections.

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Public Opinion on Abortion Restrictions

However, polls also show that most Americans support some restrictions on when abortions can be performed.

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A photograph of a woman in a hospital bed

Source: Freepik

A 2023 NPR/PBS NewsHour/Marist poll found that 66% of respondents believe abortion should be allowed only within the first three months of pregnancy, while 34% believe it should be permitted in the first six months or at any time during pregnancy.

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Trump's Focus on Late-Term Abortions

This sentiment might explain why Trump continues to focus on late-term abortions.

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Donald Trump addressing a crowd. He is standing at a lectern and talking into a microphone.

Source: Ali Shaker/VOA/Wikimedia Commons

Last week, he stated, “The Democrats are radical because the nine months is just a ridiculous situation, where you can do an abortion in the ninth month.”

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State Laws on Abortion Timing

While it’s true that six U.S. states — Colorado, Minnesota, New Jersey, New Mexico, Oregon, and Vermont — do not restrict when an abortion can be performed before birth, nationwide, only about 1% of all abortions in the U.S. occur after 21 weeks of gestation, according to the Centers for Disease Control and Prevention.

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Map of the USA with a mini American flag on top

Source: Freepik

This statistic highlights the rarity of late-term abortions, countering the narrative Trump has promoted.

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The Broader Context

As Trump continues to make false claims about state laws and late-term abortions, the issue of abortion rights remains a central topic in the national political debate.

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U.S. President Donald Trump speaks at a roundtable on the economy and tax reform

Source: Adam Bettcher/Getty Images

The ongoing discussion reflects deep divisions in American society over reproductive rights and the role of government in personal medical decisions.

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