Representative Henry Cuellar

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Andrew Stanton

By Andrew Stanton

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Representative Henry Cuellar of Texas was the only House Democrat who joined Republicans to pass the Born-Alive Act on Thursday.

Newsweek reached out to Cuellar's office for comment via email.

Why It Matters

The Born-Alive Act is the latest battle in the decades-long fight over abortion rights, a crucial political issue for millions of voters across the country. Supporters of abortion rights have raised concerns about access to abortion under the second Trump administration, though he has said he doesn't support a national ban.

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Abortion became particularly salient for Democrats after the U.S. Supreme Court overturned Roe v. Wade, the landmark case that guaranteed abortion rights, in 2022—and a flurry of GOP-controlled states quickly moved to ban the procedure. Despite a wave of abortion-fueled backlash at the polls later that year, Republicans managed to stage a comeback in 2024.

Now, Republicans are tasked with striking a balance between appeasing their base without alienating moderates who backed President Donald Trump and other conservatives in last year's election to avoid similar backlash in upcoming midterms. Democrats like Cuellar, from swing districts, are similarly walking a fine line on the issue.

Representative Henry Cuellar

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What to Know

The Born-Alive Act, if passed, would require health care providers to provide the same level of medical attention to infants born alive during or after an attempted abortion as they would to any other newborn.

Critics of the legislation, however, say it is not necessary because doctors are already required to do that, arguing the bill is simply an attempt to further chill abortion rights.

All present Republicans, along with Cuellar, voted in support of the bill. Representative Vicente Gonzalez, another Texas Democrat, voted "present." All other Democrats voted against it.

Cuellar and Gonzalez both represent South Texas districts that are former Democratic strongholds that have zoomed to the right in recent years, backing Trump in 2024.

Both have been moderates and have sparred with more progressive colleagues over some cultural issues, but have long maintained their districts had a socially moderate streak. They both voted in favor of a bill that would prohibit transgender girls and women from playing in girls and womens' sports.

What People Are Saying

Representative Pramila Jayapal, a Washington Democrat, in a statement: "The so-called Born Alive Abortion Survivors Protection Act would do nothing other than create a situation where doctors cannot properly care for high-risk patients."

Representative Tom Cole, an Oklahoma Republican, in a statement: "This legislation is simple: if a baby is born alive following an attempted abortion, then it is required that the infant be provided the same standard of medical care as any other newborn. Put plainly, it is just common sense and basic human decency."

Representative Ann Wagner, a Missouri Republican, in a statement: "I am so grateful the House passed my vital legislation to ensure babies who survive an abortion are afforded lifesaving medical care. Innocent children deserve the opportunity to live and thrive – period. It's up to us to be the voice for these babies who are at their most vulnerable and ensure they get the love and care they need."

Senator John Fetterman, a Pennsylvania Democrat, on X: "I've always stood on the side of Roe and a woman's right to make her own health care choices. It's absurd to mandate criminalization because of those choices. Any bill that does so, including the Born-Alive Survivors Protection Act, is a NO from me."

What Happens Next

The bill was already blocked by the Senate, where any progress is dim due to the filibuster, which would require 60 Democrats to vote to advance it; no Senate Democrats have signaled support for the bill.

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