At issue is the Born Alive Infant Protection Act, a bill in the Illinois state Senate that sought to protect against bungled abortions by requiring that a fetus that survived an abortion be defined as a person. Fearing that the legislation could be interpreted more broadly to protect fetuses that were not yet viable thus threatening Roe v. Wade, abortion rights advocates pushed for an amendment that explicitly limited the scope of the bill to infants "born alive."
"Nothing in this section," the added sentence reads, "shall be construed to affirm, deny, expand, or contract any legal status or legal right applicable to any member of the species homo sapiens at any point prior to being born alive as defined in this section." A federal version with that added clause passed Congress unanimously in 2002, with the support of Mrs. Clinton and Mr. Kennedy, among others. Mr. Obama said in 2004 and again on Saturday that he would have supported the federal version.
During the Democratic primary, Mrs. Clinton's campaign criticized Mr. Obama for voting "present" instead of "no" on the "Born Alive" bill in Illinois, which did not contain a provision protecting the Roe v. Wade decision.
The dispute flared again last week when a leading opponent of legalized abortion, the National Right to Life Committee, posted records from the Illinois Legislature showing that Mr. Obama, while chairman of a Senate committee, in 2003, voted against a "Born Alive" bill that contained nearly identical language to the federal bill that passed unanimously, including the provision limiting its scope.
The group says the documents prove Mr. Obama misrepresented his record.
Indeed, Mr. Obama appeared to misstate his position in the CBN interview on Saturday when he said the federal version he supported "was not the bill that was presented at the state level."
His campaign yesterday acknowledged that he had voted against an identical bill in the state Senate, and a spokesman, Hari Sevugan, said the senator and other lawmakers had concerns that even as worded, the legislation could have undermined existing Illinois abortion law. Those concerns did not exist for the federal bill, because there is no federal abortion law.
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