Legal News

Obama on Mental Health Exception: ?It?s Not Just a Matter of Feeling Blue?

By Dan Slater

Back in March, the Law Blog interviewed Pepperdine law prof Doug Kmiec, a high-profile Republican who, much to the perturbation of his party, threw his support behind Barack Obama’s bid for the presidency. In his endorsement, Professor Kmiec, in explaining how his belief that “life begins at conception” might jibe with Obama’s abortion policies, wrote: “In various ways, Senator Barack Obama and I may disagree on aspects of these important fundamentals, but I am convinced . . . . he is not closed to understanding opposing points of view, and as best as it is humanly possible, he will respect and accommodate them.”

Based on a recent interview of Obama, Kmiec’s speculation looks somewhat accurate. In an interview with Relevant Magazine, Obama, when asked to clarify his position on third-trimester and partial-birth abortions, said, “. . . I think it’s entirely appropriate for states to restrict or even prohibit late-term abortions as long as there is a strict, well-defined exception for the health of the mother. 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 . . .”

Over at the “Legalities” blog, ABC’s Jan Crawford Greenburg takes Obama to task for the comment, writing that excising the mental health exception runs contrary to Supreme Court precedent, as well as The Freedom of Choice Act, a bill co-sponsored by Obama that, reports Greenburg, “specifically allows abortions after viability where necessary to protect a woman’s health . . .”

Greenburg reached out to Obama’s campaign for a comment, and here’s how the senator reportedly responded:

My only point is this — historically I have been a strong believer in a women’s right to choose . . . I have consistently been saying that you have to have a health exception on many significant restrictions or bans on abortions, including late-term abortions . . . It can be defined through physical health. It can be defined by serious clinical mental health diseases. It is not just a matter of feeling blue. I don’t think that’s how pro-choice folks have interpreted it. I don’t think that’s how the courts have interpreted it and I think that’s important to emphasize and understand.

Photo: Associated Press

Full post as published by Law Blog - WSJ.com on July 07, 2008 (boomark / email).