The State may promote but not endanger a woman's health when it regulates the methods of abortion. The eight arguments are insufficient to demonstrate that Nebraska's law needs no health exception. For one thing, certain of the arguments are beside the point. The State cannot prohibit a person from obtaining treatment simply by pointing out that most people do not need it. Given these circumstances, the Court believes the law requires a health exception.
Doctors often differ in their estimation of comparative health risks and appropriate treatment.
For another thing, the division of medical opinion signals uncertainty. If they are wrong, the exception will simply turn out to have been unnecessary. The Court's case law makes clear that the Attorney General's narrowing interpretation cannot be given controlling weight. American Booksellers Assn. Here, the two lower courts both rejected the Attorney General's narrowing interpretation.