Obama Against “Mental” Exceptions to Late-Term Abortion Bans

July 4, 2008

Obama’s stance on abortion is pretty much in the mainstream of the Democratic Party, but with one critical difference when it comes to late-term abortions (i.e. abortions post fetal viability). And, luckily, for him, it’s precisely the exception I would make. Obama doesn’t think that “mental distress” should qualify as an exception to bans on late term abortions. This position puts him at odds with pro-abortion rights groups and members of his own party.

Still, I think it’s the right one. Anti-abortion groups have a legitimate fear that sufficiently vague “mental” health exceptions could undermine the point of the ban entirely: any person can develop “tremendous emotional toll” even from a normal pregnancy. But that really doesn’t fall under the same situation as health exceptions in general, and in practice, this exception can basically serve as an end-run around the ban. Groups like NARAL, of course, paint things differently:

The official position of NARAL Pro-Choice America, the abortion rights group that endorsed Obama in May, states: “A health exception must also account for the mental health problems that may occur in pregnancy. Severe fetal anomalies, for example, can exact a tremendous emotional toll on a pregnant woman and her family.”

This is yet another situation in which I wish people on both sides of the abortion divide would just express what they actually mean: what specific conditions is NARAL talking about? Conditions like anencephaly, where the brain essentially has not formed properly, and the baby has no higher brain function and no chance of survival beyond a few weeks? (I’m in favor of allowing abortion in such cases) Or does it mean Down’s Syndrome, a missing arm, or a partially malformed gut? All of the latter could be called “severe anomalies,” but such babies are essentially normal in terms of their capacity to feel and suffer. (I’m against abortion in such cases) The details matter.

In any case, while he’s sure to take fire from liberals on this, Obama has about as much chance of getting any honest credit for his stance as the New York Mets do of winning the Superbowl. Anti-abortion groups are, of course, having none of it:

David N. O’Steen, the executive director of National Right to Life, said Obama’s remarks to the magazine “are either quite disingenuous or they reflect that Obama does not know what he is talking about.”

“You cannot believe that abortion should not be allowed for mental health reasons and support Roe v Wade,” O’Steen said.

O’Steen is technically right here: a companion case to Roe was Doe v. Bolton, which defined “health” exceptions very broadly, including considerations of “emotional, psychological, familial” factors. But O’Steen is still essentially dissembling: the definition, while broad, is also vague enough that someone like Obama could reasonably believe that those other factors could almost never, on their own, justify an exception.

O’Steen, of course, has no reason to be charitable and honest in how he portrays Obama. Even if Obama really is closer to his own stance on this issue (which he already has a decent reason to doubt), Obama’s party taking power in the White House is far far more important to his chosen issue (outlawing abortion) than giving him credit for a minor agreement and risking rank-n-file anti-abortion voters potentially seeing Obama more favorably.