mr. sensenbrenner, for his questions. >> thank you very much, ms. smith. you've had a great deal of experience in litigating these questions. and could you please give the committee your definition of what constitutes infanticide? >> what constitutes -- >> infanticide. >> infanticide. i think infanticide when a baby is killed, an infant. >> now, assuming that the baby is born following a botched abortion, and is alive, do you think that either killing the baby by commission or killing the baby by omission is infanticide? >> i think -- i would have to do more research on the state laws in what -- >> we have a federal born alive act. >> federal born alive act. and i would say it's a violation of the born alive infant protection act. not to take actions to preserve the life of a viable child. but when you're talking about a previable fetus, and let's remember that the -- >> i'm talking about born alive. a previable fetus is not born alive. and doesn't fall under -- doesn't fall under this definition. now, i guess what you are saying is that both ms. jepsen an

mr. sensenbrenner for his questions. >> thank you very much. mrs. smith, you have had a great deal of experience litigating these questions. could you please give the committee your definition of what constitutes infanticide. >> i'm sorry? >> infanticide. >> infanticide. >> i think infanticide is when a baby is killed, an infant. >> okay. now, assuming that the baby is born following a botched abortion and is alive, you think that either killing the baby comission or killing the baby omission is infanticide? >> i think i would have to do more research on the state laws about -- in what -- >> we have a federal born alive act -- >> yes. there is a federal born alive act so i would say it's a violation of the born alive infant protection act not to take actions to preserve the life of a viable child but when you're talking about a previable fetus and let's remember -- >> no, i'm talking about born alive. a previable fetus is not born alive and doesn't fall -- >> well, a previable -- >> doesn't fall under this definition. now, i guess what you are sayin

mr. sensenbrenner, for his questions. >> thank you very much, ms. smith. you've had a great deal of experience in litigating these questions. and could you please give the committee your definition of what constitutes infanticide? >> what constitutes -- >> infanticide. >> infanticide. i think infanticide when a baby is killed, an infant. >> now, assuming that the baby is born following a botched abortion, and is alive, do you think that either killing the baby by commission or killing the baby by omission is infanticide? >> i think -- i would have to do more research on the state laws in what -- >> we have a federal born alive act. >> federal born alive act. i would say it's a violation of the born alive infant protection act. not to take actions to preserve the life of a viable child. but when you're talking about a previable fetus, and let's remember that the -- >> i'm talking about born alive. a previable fetus is not born alive. and doesn't fall under -- doesn't fall under this definition. now, i guess what you are saying is that both ms. jepsen and ms

mr. sensenbrenner was raising those issues while ago that are apparently unanswered. are there any such studies up there that would dare suggest the rights of one of these children not to be born with one arm? mr. chairman, that's what just baffles me about this. not that we have disagreements. but that none of those voices that crow don't look at this act, don't look at this act, can find no point that's too far. no point that's too brutal. no point that's inhumane. and then they dare suggest that we are extreme. and with that, mr. chairman, i just thank you for this hearing. and for our witnesses coming here today, thank you for being here. and i yield back. >> thank you, mr. forbes. chair recognizes mrs. jackson lee for five minutes. >> let me thank the chairman for yielding and for allowing those with a great deal of emotion on this question to be able to project and present their views. i have lived through this judiciary committee for a period of years to the witnesses that i have been through ians of these hearings starting back in the 1990s on a medical proced