The danger of this of course is turning over the keys to power to the mental health profession, which doesn't have the greatest track record either. The US does not currently have a great system for adjudicating between competing expert claims, either.
Turning this into yet another expression of an adversarial legal system of expertise (my expert vs. your expert) would not be a good thing, and it would be foolish to imagine that one could "depoliticize" something with such obviously political implications.
