Years, the second since it overturned roe v. Wade. This appears to have divided the court over ideological and gender lines. It is a case about the near total ban on abortions in idaho. The doj sued the state saying the ban violated federal law that makes it mandatory for hospitals to provide emergency medical care. Arguing in some cases abortions are just that, theyre emergency medical care. And that the Legal Standard of quote, good faith medical judgment has proven to be too vague. That lack of a clear standard is exactly what both Justice Sonia sotomayor and Amy Coney Barrett tried to wrestle out of the attorney representing idaho today. Listen. This particular patient had to deliver her baby. The baby died. She had a hysterectomy, and she can no longer have children. All right. Youre telling me the doctor couldnt have done the abortion earlier . Again, it goes back to whether a doctor can in good faith medical judgment thats a lot for the doctor to risk. It is very case by case. T
i don t see how it is possible. reporter: while chief justice john roberts appeared to be looking for a middle ground to allow states to ban abortion earlier 23 to 24 weeks. why would 15 weeks be an inappropriate line? viability seems to me doesn t have anything to do with choice. 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 attorne attorne attorne attorney general elizabeth prelogger ruled nearly half of the states already have or are expected to enact terms on abortion on all
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 to legal abortion will be required to continue with their pregnancies and give birth with profound affects on their bodies, their health and the course of their lives. reporter: the court s 6-3 conservative majority appeared poised to uphold the mississippi law, but it was less clear if there was a majority to end the federal right to abortion. a key vote, justice cavanaugh