That sounds like the primary concern would be for the mother’s health rather than the physical disorder of the child.
A physical disorder (as a medical term) is often used as a term in contrast to a mental disorder, in an attempt to differentiate medical disorders which have an available objective mechanical test (such as chemical tests or brain scans), from those disorders which have no objective laboratory or imaging test, and are diagnosed only by behavioral syndrome (such as those in the Diagnostic and Statistical Manual of Mental Disorders or DSM manual. Most familiarly, this is a term used as opposed to supposed “purely” mental disorders.
This looks like a back door to the old mental health abortion loophole when the “mother’s health” term is used. Many people claim there is no distinction between physical and mental disorders. There is already a court ruling defining bipolar as a physical disorder and not a mental illness.
The Case: Fitts v. Fannie Mae[1]
The ruling by the United States District Court for the District of Columbia involves an employee of a major mortgage company who developed bipolar disorder and whose employee disability insurance provider stopped paying disability benefits after 24 months on the grounds of bipolar disorder being a ‘mental illness’. The policy provided cover until the age of 65 for physical disability. Ms. Fitts had worked for the company for 13 years before she was first diagnosed with bipolar disorder in 1995. The employee- Ms. Jane Fitts, successfully brought a case against both the employer and the insurer arguing that bipolar disorder did not clearly fall in the category “mental, emotional or nervous diseases or disorders of any type”. The court awarded “prejudgment interest on all sums due her and the costs of this action “.
Based on the language of the Stupak Amendment and the above court ruling, a suicidal woman diagnosed as bipolar could qualify for abortion funds under H.R.3962. Democrats only need to get a liberal judge to issue more court rulings defining depression and other mental health problems as physical disorders. Then, the abortion floodgate is open. This is a loophole you can run a herd of donkeys through. There is even the possibility the abortion restriction would be declared as unconstitutional even if abortion coverage doesn’t get added back in later. Partial birth abortion laws have already been declared unconstitutional if they don’t include the “mother’s health” loophole.