If Roe were
overruled, an argument probably would be made that the
undefined health exception should be given an open-ended
interpretation. Such an argument could be based upon the
broad interpretation the Supreme Court gave to the undefined
health exception in the District of Columbia statute in United
States v. Vuitch, 402 U.S. 62, 72 (1971) (“the general
usage and modern understanding of the word ‘health’ . .
. includes psychological as well as physical well-being”). In Doe
v. Bolton, 410 U.S. 179 (1973), the companion case
to Roe v. Wade, the Court, relying on Vuitch,
held that in determining whether an abortion is medically
necessary, “all factors–physical, emotional, psychological,
familial, and the woman’s age–relevant to the well-being
of the patient” may be considered. Id. at 192.