The second exception that the ACA wishes to modify is the “health exception” defined in Doe v Bolton. The Act attempts to limit post-fetal heartbeat abortions only to women in physical harm. This would eliminate the familial, age, psychological, and emotional measures of health stated in Doe. Planned Parenthood of Texarkana will most likely argue this violates the Court’s interpretation of the 14th Amendment in Roe. The Supreme Court has the ultimate power to interpret the Constitution. Thus, a State’s ability to overturn a precedent rooted in Constitution is very difficult.

Planned Parenthood will also argue the notion of “health” is subjective. There is no ability to judge what is more harmful to the woman, a physical harm or one of the other harms outlined in Doe. Due to the State’s obligation to protect the life its women citizens, it is difficult to assume that physical harm is more damaging than psychological or emotional harm. Failure to protect emotional and psychological harms may have future physical effects on the citizen. When determining health, it should be placed into the hands of trained medical professionals and not the legislature. The “health exception” decided in Doe allows doctors to make rational decisions based on each woman’s individual case. This case-by-case basis should not be restricted by the overarching reach of the court.

In response to Planned Parenthood, the State is likely to embrace the argument that the Doe ruling essentially voids the validity of the Roe decision. It is commonly accepted that at some point in the pregnancy the fetus gains it personhood and should be granted the right to life. This was established in the Roe trimester framework and has been affirmed in numerous subsequent cases. The “health exception” makes the State incapable of having a compelling interest in the life of these fetuses at any point. The broadness of the exception covers any woman in late pregnancy and essentially legalizes any abortion. Physical problems are the only problems that require constitutional protection because the State has substantial interest in the life of the mother. Familial, age, psychological, and emotional problems are not immediate threats to the mother’s life. The other problem that can arise with the argument regarding medical professional review, is the idea that some doctors may permit illegal late term abortions