This may be overkill, but some folks may have overlooked the historical and legal framework that makes even Senator Obama's latest position worrisome to the pro-choice community and to those, like me, who believe that a woman's health is a matter only for her and her physician.
So here's a final attempt to get the point over by pointing folks to a nice recent post by Frank James at The Swamp. The senator may still have some clarification to do to get everyone on the same page.
http://weblogs.baltimoresun.com/news/pol itics/blog/2008/07/obamas_lateterm_abort ion_probl.html
Quoting from a colleague with a legal background, James writes:
<>Subsequent cases in the Supreme Court and lower courts have said states cannot ban abortions where the doctor deems them necessary to protect a woman's physical and mental health. Lower courts have taken that to mean a state cannot prohibit an abortion--even one post-viability--if the woman would suffer severe emotional harm without it. Nowhere do those cases impose criteria of "serious clinical mental health diseases."
That's not what the law is today. The Court has said the Constitution prohibits states from banning post-viability abortions unless those laws contain a broad mental health exception---one that includes mental distress and severe emotional harm. Abortion rights groups have fought for decades to preserve these exceptions, and I'm awfully curious what they will think about limiting them to women with mental disease or mental illness./
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