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>> but if it really is an issue about choice, why is 15 weeks not enough time? >> the fetus has an interest in having a life and that doesn't change, does it, from the point before viability to the point after viability? >> the reason this issue is hard is that you can't accommodate both interests. you have to pick. that's the fundamental problem. >> i thought he said this was settled at his hearings. >> and susan collins based the vote for his confirmation on the idea it was settled. that was then. >> that was then. conservatives have been working for a long time to get a court like this. >> ...

>> why would 15 weeks be an inappropriate line? viability it seems doesn't have anything to do with choice, but if it really is an issue of choice, why is 15 weeks not enough time? >> reporter: justice alito seemed to want to go further. >> the fetus has an interest in having a life, and that doesn't change, does it, from the point before viability to the point after viability? >> reporter: u.s. solicitor general elizabeth prelogar, who argued the case on behalf of the federal government warned about the dire consequences of overturning roe. >> nearly half of the states already have or are exp...

States, or states still could or presumably would continue to freely allow abortion, some states would be able to do that even if you prevail. >> viability it seems to me doesn't have anything to do with choice. if it really is an issue about choice, why is 15 weeks not enough time? >> the fetus has an interest in having a life, and that doesn't change, does it, from the point before viability to the point after viability? >> this is important for you to understand. the supreme court has never agreed to hear a case over an abortion ban so early in pregnancy until all three trump appointees, ju...

Enough time? >> reporter: justice alito seemed to want to go further. >> the fetus has an interest in having a life, and that doesn't change, does it, from the point before viability to the point after viability? >> reporter: u.s. solicitor general elizabeth prelogger, who argued the case on behalf of the federal government warned about the dire consequences of overturning roe. >> nearly half of the states already have or are expected to enact bans on abortion at all stages of pregnancy, many without exceptions for rape or incest. women who are unable to travel hundreds of miles to gain access...

Continue? >> viability is the principled line your honor. >> i'm trying to see whether it is a principled line. do you agree with me at least on that point. a woman still has the same interest in terminating her pregnancy after the viability line has been crossed. >> yes, but the court balanced the interests in ordering the interests of the states. >> the other side. the fetus has an interest in having a life and that doesn't change, does it, from the point before viability to the point after viability? >> in some people's view it doesn't. but what the court said is those philosophical differe...