IN MARCH 2003, registered nurse Jill Stanek submitted a statement to the Illinois Senate Health and Human Services committee in which she reported that infants who survived abortions at her Oak Lawn hospital were sometimes "taken to the Soiled Utility Room and left alone to die." Stanek was lobbying the committee to approve the Born-Alive Infants Protection Act of 2002, which would have recognized any infant born alive after an abortion as a human being deserving legal protection. Barack Obama, then the committee chairman, defeated the bill with his fellow Democrats in a 6-4 party-line vote.

Obama's campaign website offers two reasons why the senator opposed the bill in 2003. First, the website claims that Obama did not support the state legislation because it lacked language "clarifying that the act would not be used to undermine Roe vs. Wade." The website cites Obama's assertion that he would have supported the similar federal born-alive bill, which included language clarifying that it would not undermine Roe v. Wade when it unanimously passed the Senate in 2001.

In fact, the federal legislation and the final version of the Illinois senate bill were essentially the same. On Monday, the National Right to Life Committee (NRLC) released documents that showed that the Illinois senate committee unanimously approved an amendment that made the state legislation almost identical to the federal legislation. The amendment provided that the act should not be "construed to affirm, deny, expand, or contract any legal status or legal right applicable to any

The other reason Obama opposed the bill, according to his website, is that the "born alive principle was already the law in Illinois." An existing 1975 law is cited as proof that new legislation was unnecessary.

Illinois state senator Dale Righter, the ranking Republican on the 2003 Health and Human Services Committee, says Obama did not raise that concern at the hearing: "There was no discussion of anything like that." Democratic state senator Susan Garrett similarly says she did not remember the 1975 law being raised during the hearing.

Obama's campaign did not return a phone call asking for a response to Righter's claim.

In any case, the 1975 law does not apply to non-viable infants born alive. According to Paul Linton, special counsel for the Thomas More Society, the 2003 bill was a response to the question, "What duties are owed to a non-viable child born alive?" The bill sought to guarantee comfort care for non-viable infants similar to the care that would be provided to any terminally ill adult. "Many of these babies lived for hours after birth," Susan T. Muskett, legislative counsel at the NRLC, writes in an email. "Are these babies medical waste, or persons protected by the Constitution? Obama's reaction was to consider them non-entities under Roe v. Wade until they were 'viable,' even when they were gasping outside the mother."