One of the longest-tenured Democrats in the Minnesota House was one of the only members of her caucus to speak on the chamber floor Thursday in opposition to a bill that would restore protections for infants who survive botched abortions.
Rep. Tina Liebling, DFL-Rochester, carried a bill in 2023 that the DFL trifecta passed, which effectively repealed the longstanding “Born Alive Infants Protection Act.” The 2023 legislation modified language in state statute that had required medical providers to “preserve the life” of an infant born alive after an abortion procedure to instead require they provide “care” for the infant.
The 1976 and 2015 versions of the “Born Alive” statute were passed with Democrat support.
On Thursday, HF24, the bill attempting to restore the “Born Alive Act” language to state statute, failed to pass by one vote, as 67 Republicans voted for the proposal and 66 Democrats voted against it. Bills need 68 votes to pass.
“The more I thought about this law, which we repealed two years ago, which this bill is an attempt to reinstate, the more I realized what a fraud this law really is,” said Liebling during remarks she gave in opposition to the legislation.
The 11-term DFLer tried to convince her colleagues that the language of the bill would have the opposite effect of its intent.
“There is nothing in current law that would allow an infant, however born, to be left on any tables and abandoned,” she argued. “All of the gnashing of teeth about how we’re leaving infants to die is fraudulent.”
Liebling also contended that “not one single infant [was] reported to be saved” under the “Born Alive” statute before it was repealed in 2023.
“I know somebody’s going to get up and say, ‘Oh, look at these reports. It says there were infants born alive after abortions.’ That’s not what the reports mean and that’s part of the problem. Under the old law, nobody knew what it meant, so if a doctor decided to report, it was pretty much guesswork,” she claimed, referring to annual Minnesota Department of Health reports that used to require abortion providers to report cases of born-alive infants.
Republicans on the floor disputed her claims.
“This bill is specifically addressing cases where the infant is born alive as the result of an abortion, and we fully recognize this child as a human person and provide care to preserve the life,” said Rep. Kristin Robbins, R-Maple Grove. “‘Comfort care’ is not preserving the life. And it’s incumbent on us that if a baby is born alive, to try to save their life.”
Sarah Zagorski is a survivor of an attempted abortion. She said during a Feb. 12 committee hearing that her mother, after seeking an abortion, threatened to sue a doctor who was not intending to offer care to Zagorski after she survived an abortion procedure and her mother changed her mind. Zagorski urged legislators to pass the bill to protect people like her.
Sarah Zagorski, an abortion survivor, urges Minnesota lawmakers to restore protections to state law for infants who survive attempted abortions.
"[This bill] would save babies like me from infanticide. And that is exactly what we're talking about. A baby on the table left to… pic.twitter.com/j5oUGgpSmW
— Anthony Gockowski (@AntGockowski) February 18, 2025
While the proposal cleared that committee on a party-line vote, its failure in the House means it will likely not receive a hearing in the Senate, where Sens. Paul Utke, R-Park Rapids, and Warren Limmer, R-Maple Grove, are sponsors.
A research summary for the legislation says it “provides that an infant who is born alive as a result of an abortion must be fully recognized as a human person and requires medical personnel to take all reasonable measures to preserve the life and health of a born alive infant.”
Pro-life organizations like Minnesota Citizens Concerned for Life (MCCL) contend that the law as it exists today means that newborn infants who survive an abortion could be denied lifesaving care and allowed to die.
“And the law’s language was altered to no longer apply specifically to babies who survive abortion, but rather to all babies who are born alive, endangering the lives of babies born with disabilities as well,” the group said.
According to MCCL, in most years since reporting began in 2015, between three and five born-alive abortion survivors were reported to the Minnesota Department of Health.
“We’ve also heard [today] that no medical professional would deny care to a baby that was born alive,” said Rep. Krista Knudsen, R-Lake Shore, chief author of the legislation. “Well if that’s true, then why are you fighting so hard against it? If they are already going to do it, then let’s just make it clear in law that they have to.”
“We’re not debating abortion today. The choice has already been made. The baby survived by the grace of God,” she continued. “And now we’re asking to protect that baby. That’s it.”
Hank Long
Hank Long is a journalism and communications professional whose writing career includes coverage of the Minnesota legislature, city and county governments and the commercial real estate industry. Hank received his undergraduate degree at the University of Minnesota, where he studied journalism, and his law degree at the University of St. Thomas. The Minnesota native lives in the Twin Cities with his wife and four children. His dream is to be around when the Vikings win the Super Bowl.
