Graham introducing 15-week abortion ban, says bill may help GOP in midterms

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Sen. Lindsey Graham Tuesday is announcing a bill to ban abortion after 15 weeks as debate rages over the issue after the Supreme Court overturned Roe v. Wade earlier this year. 

Titled the "Protecting Pain-Capable Unborn Children from Late-Term Abortions Act," the legislation comes as Democrats hammer the GOP on the campaign trail over state laws restriction abortions. Graham told Fox News Digital Tuesday morning that his bill is similar to laws in other developed countries and could actually help Republicans running in the midterms. 

"I see this as a responsible alternative to the very radical position by Democratic senators," Graham, R-S.C., said. "I can assure that a vast majority of Americans do not support abortion on demand up to delivery."

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Sen. Lindsey Graham is introducing a bill to ban some abortions in the wake of the Supreme Court overturning Roe v. Wade. (Kevin Dietsch/Getty Images)

Graham added: "This bill puts us in line with the rest of the world, so when you're on the campaign trail you have a chance to talk about what you're for."

Graham's bill includes several exceptions, including for rape, incest and when a woman's life is in danger from a pregnancy. It also explicitly bans the prosecution of women seeking abortions. 

A criminal penalty of up to five years in prison applies to doctors who perform abortions, according to draft text of Graham's bill. 

The bill also includes provisions for children born alive after an abortion, and requires a physician trained in neonatal resuscitation to be present at an abortion if a child can survive outside the womb. 

Many GOP-controlled states are pushing different forms of abortion bans or restrictions, and some national-level Republicans want the federal government to stay out of the debate. However, Graham's bill will mark the most high-profile national GOP effort on abortion to restrict abortion so far.  

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Democrats on the congressional campaign trail have cited the abortion issue as a reason they may be outperforming expectations, and some Republicans have cautioned that the party should stay away from the issue. 

Graham, however, says Republicans should lean into the issue and, "expose your Democratic opponent for being incredibly radical on the issue of abortion."

"I don't know what Democratic candidates in these contested states will say about a bill such as mine," Graham said. "But I know the American people, or a significant majority, support limiting abortion at 15 weeks."