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As originally proposed, the 2003 state bill, SB 1082, sought to define the term "born-alive infant" as any infant, even one born as the result of an unsuccessful abortion, that shows vital signs separate from its mother. The bill would have established that infants thus defined were humans with legal rights. It never made it to the floor; it was voted down by the Health and Human Services Committee, which Obama chaired.
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However, Obama has said several times that he would have supported the federal version of the bill, which passed by unanimous consent and which President Bush signed into law Aug. 5, 2002, because it could not be used to challenge the Supreme Court's Roe v. Wade decision granting a legal right to abortion. On Aug. 16, the candidate repeated that again to David Brody of the Christian Broadcasting Network. He also prefaced his remarks with an attack on those who said he had misrepresented his position on the state bills, saying they were "lying."