"And one of the concerns that came out in the testimony was the fact that they were not being properly cared for during that brief period of time that they were still living," Obama continued.
Here he made another crucial concession: The intention of the legislation was to make sure that 1) a human being, 2) alive and 3) outside the womb was 4) "properly cared for."
"Is that correct?" Obama asked O'Malley.
O'Malley tightened the logical knot. "(T)his bill suggests that appropriate steps be taken to treat that baby as a -- a citizen of the United States and afforded all the rights and protections it deserves under the Constitution of the United States," said O'Malley.
But to these specific temporarily-alive-outside-the-womb-human beings -- to these children who had survived a botched abortion, whose hearts were beating, whose muscles were moving, whose lungs were heaving -- to these specific children of God, Obama was not willing to concede any constitutional rights at all.
To explain his position, Obama came up with yet another term to describe the human being who would be protected by O'Malley's bills. The abortion survivor became a "pre-viable fetus."
By definition, however, a born baby cannot be a "fetus." Merriam-Webster Online defines "fetus" as an "unborn or unhatched vertebrate" or "a developing human from usually two months after conception to birth." Obama had already conceded these human beings were "alive outside the womb."
"No. 1," said Obama, "whenever we define a pre-viable fetus as a person that is protected by the equal protection clause or other elements of the Constitution, what we're really saying is, in fact, that they are persons that are entitled to the kinds of protections that would be provided to a -- a child, a nine-month-old -- child that was delivered to term."
Yes. In other words, a baby born alive at 37 weeks is just as much a human "person" as a baby born alive at 22 weeks.
Obama, however, saw a problem with calling abortion survivors "persons." "I mean, it -- it would essentially bar abortions," said Obama, "because the equal protection clause does not allow somebody to kill a child, and if this is a child, then this would be an antiabortion statute."
For Obama, whether or not a temporarily-alive-outside-the-womb little girl is a "person" entitled to constitutional rights is not determined by her humanity, her age or even her place in space relative to her mother's uterus. It is determined by a whether a doctor has been trying to kill her.