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Does not the woman have the same interest that she had before viability in being free of this pregnancy? that she no longer wants to continue? >> viability is a principled line, your honor, because in ordering the -- >> i'm trying to see whether it is a principle line. do you agree with me on that point? a woman still has the same interest in terminating her pregnancy after the viability line has been crossed? >> yes, yoush, but the court balanced the interest -- >> look at the interest on the other side. the fetus has an interest in having a life, and that doesn't change. does it? from the po...

They poison the law. >> justice sotomayor, a consistent supporter of abortion rights, grilled stewart. >> will this institution survive the stench that this creates in the public perception that the constitution and its reading are just political acts? i -- i don't see how it is possible. >> reporter: while chief justice roberts appeared to be looking for a middle ground to allow states to ban abortion earlier than 23 to 24 weeks when a fetus is considered viable. >> but if it really is an issue about choice, why is 15 weeks not enough time? >> reporter: justice alito seemed to want to go furt...

At which they've had the fair choice, opportunity to choice, and why would 15 weeks be an inappropriate line, so viability it seems to me doesn't have anything to do with choice. but if it really is an issue about choice, why is 15 weeks not enough time? >> okay. so what did you hear there, gloria? >> i'm hearing somebody who doesn't really understand that sometimes in the early stages, a woman might not even know she's pregnant for some time, you know, depending on how her body changes or doesn't change. i think it's also a wrestling period of trying to figure out how can someone feel a time ...

>> the report has never revoked a right. justice alito seemed to speak for most of the conservative members of the court taking aim at the viability that was established in roe. >> 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? >> during arguments justice kavanaugh took the position that abortion want remanded to the states. it is considered an extreme restriction on the rights of women across the country. >> i think the other side would say that the core problem here is that the court has been forced ...

Say what the law is. here is alito. >> 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. >> emily. >> well, i think it is pretty clear that alito and justice gorsuch and thomas are ready to overturn roe. the votes in play are from chief justice roberts and maybe kavanaugh or barrett. i thought kavanaugh invoking a great hit list of overruling of precedent and how important that has been under scored his feeling you could add roe to the list and it deserved to be overturned. the same way as plessy vs. ferg...