Last week Barack Obama raised eyebrows on all sides by tampering with a foundational principle of legalized abortion, the Supreme Court’s purposefully vague and all-encompassing “health” exception.
abortion mental health.jpgAs defined in Roe v Wade’s companion case Doe v Bolton, it is: “all factors – physical, emotional, psychological, familial, and the woman’s age – relevant to the well being of the patient” (with Chief Justice Warren Burger accentuating, “the term health in its broadest medical context.”)
The abortion industry has used this definition for 35 years to commit abortion throughout all 9 months of pregnancy for whatever reason, because whatever reason will fit into that “health” definition. Pro-aborts also try to add a “health exception” to any anti-abortion legislation presented so as to gut it.
Then along came Obama on July 1, the self-described constitutional expert. According to the Associated Press

…. Obama says “mental distress” should not qualify as a health exception for late term-abortions, a key distinction not embraced by many supporters of abortion rights.
In an interview this week with Relevant, a Christian magazine, Obama said prohibitions on late-term abortions must contain “a strict, well defined exception for the health of the mother.”
Obama then added: “Now, I don’t think that ‘mental distress’ qualifies as the health of the mother. I think it has to be a serious physical issue that arises in pregnancy, where there are real, significant problems to the mother carrying that child to term.”

Pro-aborts are fuming in part because they say Obama played right into pro-life hands, agreeing with what we’ve been saying all along. According to Washington Post writer Marie Cocco on the the liberal Alternet:

One thing is certain: Obama has backhandedly given credibility to the right-wing narrative that women who have abortions – even those who go through the physically and mentally wrenching experience of a late-term abortion – are frivolous and selfish creatures who might perhaps undergo this ordeal because they are “feeling blue.”

obama blue.jpg

Since [his Relevant statement] contradict[ed] the landmark Roe v. Wade decision and subsequent court rulings that have upheld mental health exceptions to abortion bans, the campaign had to flip back from the flop.
Obama spoke to reporters on his campaign plane and gave a definition of a mental health exception that goes like this: “It can be defined by serious, clinical mental health diseases. It is not just a matter of feeling blue.” He noted that neither abortion-rights supporters nor the courts have ever interpreted a mental health exception that way. [JLS note: Bull, see ABC snip below]
They have not. Because this sort of language – that women might have late-term abortions just because they feel “blue” – is that of the anti-abortion lobby. As part of its campaign to ban the procedure, anti-abortion activists have consistently depicted women who have abortions as doing so for convenience, to get themselves out of an uncomfortable jam of their own making….

Obama has another problem, his 2007 cosponsorship of the Freedom of Choice Act, and his promise in 2007 at a Planned Parenthood event: “The first thing I’d do as President is sign the Freedom of Choice Act.” Skip to 1:30 in this scary 2-minute montage for the quote:

According to Jan Crawford Greenburg at the ABC Legalities blog:

Here’s… why Obama’s remarks are so startling….
This standard has long been understood to require less than “serious clinical mental health disease.” Women today don’t have to show they are suffering from a “serious clinical mental health disease” or “mental illness” before getting an abortion post-viability, as Obama now says is appropriate.
And for 35 years – since Roe v. Wade – they’ve never had to show that.
So Obama, it seems to me, still is backing away from what the law says – and backing away from a proposed federal law (of which he is a co-sponsor) that envisions a much broader definition of mental health than the one he laid out this week.

A reporter (or McCain – c’mon, where are you?!) needs to ask Obama if he’s indeed backing away from his go-hung support of FOCA. Or will he now insist it contain a tightly defined health exception? If Obama flips on FOCA, he’s in trouble. If he refuses to support a narrow health definition, he reveals he last week engaged in vacuous pander, which is actually what he did.
[HT for ABC Legalities quote: Newsbusters; top photo courtesy of The Daily Mail]

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