Obama for America

Fact Check on CNN and Bennet's Inaccurate Claim That IL ''Born Alive'' Legislation Obama Opposed Was the Same as Federal Legislation He Supported

BILL BENNETT: "Carol's piece was good; it was accurate, except there's one more thing you need to know. The 2003 bill, the more you look into this, the worse it is for Barack Obama to deny it because if you look into the record – and Carol did a good job – you will see the 2003 bill had exactly the same language as the federal bill, and Barack Obama voted against it. This was not about Roe v. Wade, this was not about abortion; this was about protecting these babies when they are alive, after seven months, five months, six months, whether it be an abortion or through birth or through any other means. Barack Obama, what he's saying is just false. Check the record. The more you dig into it, the worse it looks. He should just say whatever he wants, something else. 'I was naive, I didn't realize how close it was to the federal act.' He cannot say it was different from the federal act. It was the same." [CNN, 6/30/08]

REALITY: Illinois and Federal "Born Alive" Legislation Were Not the Same, Which Is Why NARAL Did Not Oppose Federal Legislation

Illinois And Federal Born Alive Infant Protection Acts Did Not Include Exactly The Same Language. The Illinois legislation read, "A live child born as a result of an abortion shall be fully recognized as a human person and accorded immediate protection under the law." The Born Alive Infant Protections Act read, "Nothing in this section 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." [SB 1082, Held in Health and Human Services, 3/13/03; Session Sine Die, 1/11/05; BAIPA, Public Law 107-207]

NARAL Did Not Oppose Federal BAIPA Because of Its Clear Legal Difference Between A Fetus In Utero Versus A Child That's Born. NARAL Executive Vice President Mary Jane Gallagher said, "We, in fact, did not oppose this bill. There's a clear legal difference now between a fetus in utero versus a child that's born. And when a child is born, they deserve every protection that this country can provide them." In a statement, NARAL said, "Consistent with our position last year, NARAL does not oppose passage of the Born Alive Infants Protection Act. Last year's committee and floor debate served to clarify the bill's intent and assure us that it is not targeted at Roe v. Wade or a woman's right to choose." [CNN, 8/5/02; NARAL release, 6/13/01]

Chicago Daily Herald: Major Difference Between State And Federal BAIPA Was That "The Federal One Stripped Out Any Language That Could Have Been Used To Challenge" Roe V. Wade. "Perhaps on no other issue is Keyes' rhetoric against Obama as harsh as on abortion. Keyes repeatedly accuses Obama of favoring 'infanticide' because of Obama's vote against the Born Alive Infant Protection Act. The failed measure would have required doctors to provide medical attention to fetuses born alive during a rare type of abortion procedure. Keyes pointed out a similar measure sailed through Congress. But there was a major difference between the state and federal versions: the federal one stripped out any language that could have been used to challenge the landmark Roe v. Wade abortion legalization decision. Despite that, Keyes continues to hammer Obama with the "infanticide" charge virtually daily on the campaign trial. Obama, who pointed out state law already required doctors to care for fetuses born alive during botched abortions, said he's "deeply offended" by Keyes' assertion because he knows it's false. Beyond that, Obama would have voted against the ban on late-term abortions that Bush signed - but federal judges since have put on hold - and Keyes would have voted for it." [Chicago Daily Herald, 9/20/04]

REALITY: Obama Said He Would Have Supported Federal Born Alive Legislation Because It Made a Distinction Between a Fetus in Utero and Child That is Born

Obama Said He Would Have Supported Federal Born-Alive Legislation. The Chicago Tribune reported, "Obama said that had he been in the US Senate two years ago, he would have voted for the Born-Alive Infants Protection Act, even though he voted against a state version of the proposal. The federal version was approved; the state version was not. Both measures required that if a fetus survived an abortion procedure, it must be considered a person. Backers argued it was necessary to protect a fetus if it showed signs of life after being separated from its mother…the difference between the state and federal versions, Obama explained, was that the state measure lacked the federal language clarifying that the act would not be used to undermine Roe vs. Wade." [Chicago Tribune, 10/4/04]

BORN ALIVE PRINCIPLE WAS ALREADY THE LAW IN ILLINOIS

Illinois Law Already Stated That In The Unlikely Case That An Abortion Would Cause A Live Birth, A Doctor Should "Provide Immediate Medical Care For Any Child Born Alive As A Result Of The Abortion." The Chicago Tribune reported, "'For more than 20 years, Illinois law has required that when 'there is a reasonable likelihood of sustained survival of the fetus outside the womb, with or without artificial support,' an abortion may only be performed if a physician believes 'it is necessary to preserve the life or health of the mother.' And in such cases, the law requires that the doctor use the technique 'most likely to preserve the life and health of the fetus' and perform the abortion in the presence of 'a physician other than the physician performing or inducing the abortion who shall take control of and provide immediate medical care for any child born alive as a result of the abortion.'" [Chicago Tribune, 8/17/04]

Illinois Law Stated That A Doctor Must Preserve The Life And Health Of A Fetus If In The Course Of An Abortion, There Is Reasonable Likelihood Of Sustained Survival. The Illinois Compiled Statutes stated that any physician who intentionally performs an abortion when, in his medical judgment based on the particular facts of the case before him, there is a reasonable likelihood of sustained survival of the fetus outside the womb, with or without artificial support, shall utilize that method of abortion which, of those he knows to be available, is in his medical judgment most likely to preserve the life and health of the fetus. No abortion shall be performed or induced when the fetus is viable unless there is in attendance a physician other than the physician performing or inducing the abortion who shall take control of and provide immediate medical care for any child born alive as a result of the abortion. Subsequent to the abortion, if a child is born alive, the physician required to be in attendance shall exercise the same degree of professional skill, care and diligence to preserve the life and health of the child as would be required of a physician providing immediate medical care to a child born alive in the course of a pregnancy termination which was not an abortion. Violation of these statutes constituted a Class 3 felony. [Illinois Compiled Statutes, 720 ILCS 510/6]