Fox’s Andrew Napolitano claims infanticide is legal in New York and New Jersey – It isn’t

With the issue of a woman’s right to make her own decisions regarding her reproductive health now front and center thanks to several draconian anti-abortion laws passed in states such as Alabama and Georgia, Fox News is now joining the debate and spreading lies that support Republican talking points, which are also utterly ridiculous.

Thursday on “Fox & Friends,” co-host Ainsley Earhardt asked Fox legal analyst Andrew Napolitano about the Alabama law, which would make it a crime punishable by 99 years in prison for any doctor in that state to perform an abortion:

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“Let’s talk about what happened in Alabama. The governor there signed that abortion bill. No one — no woman can get an abortion there unless her health is at risk now.”

Napolitano responded:

“Unless she’s about to die.

“It’s the most extreme pro-life legislation in the country.”

Co-host Steve Doocy added:

“It’s going to the Supreme Court.”

That’s when Napolitano started lying profusely:

“Correct. And it’s written for that purpose. There is a view that there’s a pro-life majority in the Supreme Court and if there is any time — and obviously a pro-life president. And if there’s any time to dismantle Roe, and I’ll tell you what I think would happen, the time is now. The dismantling of Roe would leave it up to each individual state. You want an abortion, you come to New Jersey or New York where infanticide is legal. You don’t want to live in an environment with abortion, you go to Alabama. That’s what the choice will be.”


Infanticide is legal in New Jersey and New York? That’s not even remotely true, as Mediaite reports:

Infanticide is defined as “the act of killing an infant.” The killing an infant in New York and New Jersey is a homicide. 

It is true that both New Jersey and New York have more relaxed abortion laws than many other states, and the New York recently passed a controversial late-term abortion bill, but that specific statue clearly states that taking the life of a newborn is a homicide.

That’s how falsehoods begin and are then parroted by our low-information president, who gets most of his “news” from Fox. In recent weeks, President Donald Trump has been telling that same lie at his rallies, saying recently in Green Bay, Wisconsin:

“The baby is born. The mother meets with the doctor. They take care of the baby, they wrap the baby beautifully. And then the doctor and the mother determine whether or not they will execute the baby.”

Politifact labeled that “False” adding:

Trump grossly oversimplified of one of the hardest choices parents face.

And now his favorite propaganda network is joining the fray with more lies. No wonder so many people in this country aren’t sure who or what to believe.

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