"The debate over the health exception took on a surprising new twist, however, when prochoice legislators began seeking to exclude mental health from the equation in the context of "late" abortions. Searching for "common ground" in the debate over so-called partial-birth abortions, Senate Minority Leader Tom Daschle (D-SD) drafted the Comprehensive Abortion Ban Act, which would make all abortions after viability illegal unless continuation of the pregnancy would threaten the woman's life or "risk grievous injury to her physical health" (emphasis added). Daschle's proposal, which was offered but rejected in May 1997 as an amendment to the Partial-Birth Abortion Ban Act, would have excluded the possibility of a postviability abortion for any mental health condition, no matter how severe. (The mental health exception is also critical because it has been the aegis under which most abortions in cases of severe fetal abnormality have been justified.) Just over one year later, in September 1998, Sen. Dick Durbin (D-IL), another consistent supporter of reproductive rights, went a step further. With a bipartisan group of prochoice senators, he introduced the Late-Term Abortion Limitation Act, which incorporates Daschle's proposal, including its distinction between physical and mental health conditions, but adds another requirement—that a second physician, not involved in performing the abortion, be consulted to certify that the reason for the abortion meets the narrow requirements of the bill. Durbin is expected to reintroduce his bill again within the coming months."
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Mental health
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