"This decision was based on a bedrock principle of protecting women’s health that’s directly at risk if President Bush gives his radical allies the kind of Supreme Court nominee they want," said Nancy Keenan, NARAL Pro-Choice America President. "We know that President Bush will fight this ruling all the way to the Supreme Court, a Court that the President is planning to pack with Justices who want to overturn Roe v. Wade. We wholeheartedly believe that anti-choice politicians must not be allowed to put women’s health at risk."

A unanimous panel of judges appointed by Presidents Reagan, G.H.W. Bush, and Clinton agreed with every other court to have reviewed the law: The Federal Abortion Ban endangers women’s health. Eighth Circuit Judge Kermit Bye wrote, "When 'substantial medical authority' supports the medical necessity of a procedure in some instances, a health exception is constitutionally required." He added, ". . . the Constitution requires legislatures to err on the side of protecting women's health by including a health exception."