In last Wednesday’s debate, when the Republican candidates were asked about their positions on birth control, Newt Gingrich parried with one of his usual tactics, a fusillade against the mainstream media. He told CNN’s John King, “You did not once in the 2008 campaign, not once did anybody in the elite media ask why Barack Obama voted in favor of legalizing infanticide. If we’re going to have a debate about who is the extremist on these issues, it is President Obama, who, as a state senator, voted to protect doctors who killed babies who survived the abortion.”
Gingrich’s assertion rests on then–State Senator Obama’s opposition, in 2001, 2002, and 2003, to successive versions of the Born Alive Infants Protection Act, an Illinois bill that was meant to provide protection for babies born alive after attempted abortions. The bill gave them protection as legal persons and required physicians to provide them with care, rather than allowing doctors to deal with them as they would, literally, with medical waste. In 2008, Obama’s campaign repeatedly claimed that he opposed the bill because it was unnecessary, since Illinois law already provided protection for infants born alive. However, as Ramesh Ponnuru pointed out on NRO at the time, this extended only to babies whom physicians deemed to have “sustainable survivability.” Thus infants who were not expected to survive could be killed or left unattended to die. Obama, Ponnuru wrote, “did not want the gap filled.” (The National Right to Life Committee has a report on Obama, Illinois’s legal loophole, and its horrific consequences here.)
Obama maintained at the time, with support from Planned Parenthood of Illinois, that the bill wasn’t really about protecting infants’ lives or mitigating their suffering, but was in fact a backdoor attempt to restrict abortion. The argument (which is constitutionally dubious, anyway) goes that, by providing legal protection and “recognition as a human person” for a pre-viable infant, the law could be used to threaten Roe v. Wade. Thus, in his 2004 Senate campaign, and then during the course of the 2008 campaign, Obama claimed that he would have supported a law like the 2002 federal born-alive statute, which stated explicitly that it could not be used to dispute the legal status of fetuses prior to their birth.
In committee in 2003, however, Obama voted against a version of the Illinois bill that contained the same protection included in the federal bill (which passed 98–0 in the U.S. Senate). Thus, Obama’s tenuous constitutional argument doesn’t stand up to scrutiny.
One other excuse for Obama’s opposition to the Illinois bill has been proffered: that the final version of the bill was coupled with another piece of legislation that imposed criminal or civil consequences for doctors who did not properly treat infants who were covered by the Born Alive Infants Protection Act. Obama and others deemed this second bill unacceptable. However, this doesn’t begin to defend Obama’s vote on the first bill.
As Ponnuru pointed out back in 2008, FactCheck.org and PolitiFact admitted the above facts as such, but have disputed whether they constitute “legalizing infanticide”; FactCheck argued that that question remains a value judgment. Since the Illinois bill would have provided legal protection for born-alive infants who had not been protected before, by opposing it, Obama voted to continue to make it legal to kill them. Thus, the only question remaining in order to determine whether it was “infanticide” is: Were the subjects of the bill fetuses or were they infants? In order for them not to be considered infants, one would have to contend that an unviable prematurely born baby is not an infant — a claim few would be willing to make. And yet, Obama’s votes, three times over the course of three years, indicate that he believes that fetuses who have been born alive, but have not yet reached the age of viability, are not human persons worthy of protection by our laws.
