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Fact-checking the Claim that “No One Supports Abortion Until Birth”


“Many people do, in fact, support abortion until birth and Psaki’s comment that ‘no one’ does is simply not true.”


During the recent Republican Party primary debates, MSNBC talk show host and former Biden White House Press Secretary Jen Psaki tweeted that “No one supports abortion up until birth.”

But is this true? Let’s fact-check the claim and see how it stands up against the evidence.

Previous Statements by Jen Psaki Contradict This Claim

First, let’s consider what Psaki said herself during her tenure as the White House Press Secretary and, more recently, as a commentator on MSNBC.

In December 2021, the Supreme Court ruled that a Texas bill banning abortions after approximately 6 weeks (S.B. 8) could continue to be enforced even as pro-abortion groups led legal action against it. In response to this ruling, Psaki used the White House press podium to rearticulate the Biden administration’s total support for unfettered abortion access and their support for the so-called “Women’s Health Protection Act.” Life News reported,

“In response to the ruling, Psaki said Biden was ‘concerned’ about it but added that he was ‘deeply committed’ to Roe v. Wade, which allows killing babies in abortions up to birth unless states limit late-term abortions.

Psaki also noted ‘how much these rights are at risk’ even though abortion is not a right found in the Constitution. She also said Biden wants the Women’s Health Protection Act, which passed the House in September but has been stuck in limbo in the Senate.  It would overturn every pro-life law nationwide and allows abortions up to birth in all 50 states.”

Additionally, in her personal capacity as a talk show host, Psaki has repeatedly defended the legalization of abortion until birth under the rhetoric of “protecting women.” The Federalist reports:

“Shortly into her monologue…Psaki confirmed that leftist legislators everywhere are fighting to legalize late-term abortions. ‘Mothers have described in heart-wrenching detail having to make the decision to end their pregnancy to save their own life, or because they were told the baby that they were so excited for would not survive, or would suffer…Are most Democrats in favor of legislation that allows for this? Yes. For all the reasons I just outlined.’”

To be clear, the “legislation that allows for this” would be legislation that codifies abortion access up until birth, like the “Women’s Health Protection Act,” which we will consider next.

The Women’s Health Protection Act Allows For Abortion Until Birth

Again, Psaki claimed that “no one” — which means no one — supports abortion until birth. But the “Women’s Health Protection Act,” which is sponsored by 212 members of the House and 48 senators, would prohibit any governmental restrictions on the provision of, and access to, abortion services.

There is no dispute over the fact that the legislation would permit abortion up until delivery; this means that currently 260 of our federal representatives do, in fact, support abortion until birth (although they try to claim this would only be in extreme or rare cases, the fact remains that it would be protected).

Not only is there widespread support for this bill among members of Congress, but the bill actually passed the House of Representatives in 2022.

Many State-Level Laws Protect Abortion Up Until Birth

Finally, a brief investigation of various state-level laws on abortion reveals a broad constituency of elected officials and political actors who support abortion until birth.

The Federalist also reports that “California, Maine, Minnesota, Colorado, New York, Alaska, New Hampshire, New Jersey, New Mexico, Oregon, and Vermont all have laws or constitutional amendments that allow abortions throughout gestation — sometimes based on a medical professional’s subjective judgment, sometimes not.”

One particular law that received a great deal of national news attention on this issue was a Virginia law that sought to lift all restrictions on “late-term” abortions, sponsored by Del. Kathy Tran and supported by then-Gov. Ralph Northam, who is also a medical doctor.

The BBC reported that “The Democrat who sponsored the measure said it would allow abortions at any point in pregnancy up until the point of childbirth in certain cases” and that the “bill sought to allow for late-term abortions if the mother’s physical or mental safety were at risk.”

In other words, this legislation sought to legalize abortion until birth for nothing more than the “mental health” of the mother, which could be depression, anxiety, or fear about motherhood.

In a radio interview defending the proposed bill, then-Gov. Northam said,

“So in this particular example, if a mother’s in labor, I can tell you exactly what would happen. 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.”

Writing for The National Review in an article titled “Virginia Governor Defends Letting Infants Die,” Alexandra DeSanctis said, “Northam is either unaware of the specifics of the bill, or he’s lying about them. Tran’s legislation explicitly removes the current requirement that three physicians agree that a woman is in need of a late-term abortion. The new bill would require only the consent of the mother and of the physician performing the abortion.”

A spokesperson for Northam eventually walked back the comments, saying, “No woman seeks a third-trimester abortion except in the case of tragic or difficult circumstances, such as a nonviable pregnancy or in the event of severe fetal abnormalities, and the governor’s comments were limited to actions physicians would take in the event that a woman in those circumstances went into labor.”

The fact that Del. Tran and Gov. Northam, and many others, supported and advanced this bill still stands.


When one examines the record, both of Psaki herself, the White House’s support for the Women’s Health Protection Act, multiple states that allow abortion throughout the entire gestational period (until birth), and the particular instance of the Virginia bill, this becomes clear: Many people do, in fact, support abortion until birth and Psaki’s comment that “no one does” is simply not true.

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