Josh Hawley: Alabama abortion ban is ‘direct response’ to New York’s late-term abortion law

Sen. Josh Hawley, R-Mo., said that Alabama’s passage of the nation’s strictest anti-abortion bill is a reaction to late-term abortion legislation seen in states like New York, and exaggerated the extent of the proposed measures.

“It’s a direct response, Steve, to the extremism we’ve seen in places like New York and Virginia where you have Democrat politicians who are … passing laws that would allow a baby to be born and then killed after birth,” Hawley said in an interview with Fox News’ Steve Doocy on Thursday. “It’s just incredible the extremism that we’re seeing, and I think you’re seeing these states responding.”

Hawley’s comments come after Alabama Gov. Kay Ivey signed legislation that would outlaw almost all abortions. Under the law, doctors who perform abortions could face up to 99 years behind bars. It does not provide exemptions for cases of rape and incest, but does allow women whose health is jeopardized by the pregnancy to obtain an abortion.

But Hawley, who was elected to the Senate in the 2018 midterm election, mischaracterized legislation seen in New York and Virginia.

[Related: Televangelist Pat Robertson: Alabama abortion law too extreme]

For example, legislation signed by New York Gov. Andrew Cuomo in January made it lawful for women to receive abortions after 24 weeks when “there is an absence of fetal viability, or at any time when necessary to protect a patient’s life or health.” New York’s law previously only permitted abortions after 24 weeks if the woman’s life was in jeopardy.

In Virginia, Del. Kathy Tran sponsored legislation called the Repeal Act and initially claimed it would let a woman who was dilated and about to give birth receive a third-trimester abortion. The measure received support from Virginia Gov. Ralph Northam, who attracted scrutiny in February for appearing to suggest the bill would allow infanticide.

“If a mother is in labor, I can tell you exactly what would happen,” Northam said. “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, and then a discussion would ensue between the physicians and the mother.”

Northam later said his comments about the measure were “mischaracterized,” and Tran said she misspoke. The legislation was tabled and not passed by the state.

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