BOB ABERNETHY, anchor: This past Wednesday (November 8), the U.S. Supreme Court heard arguments in two of the most closely watched cases of the term, both involving the federal ban on what some call "partial-birth" abortion. Three lower courts have found the law unconstitutional, and this was the government's appeal. Tim O'Brien was at the Supreme Court.

TIM O'BRIEN: Abortion opponents held a vigil outside the Supreme Court Wednesday, while inside justices and lawyers grappled over whether Congress needed to make an exception to the federal ban when the health of the mother is at risk.

Father FRANK PAVONE (Priests for Life): Congress has made a determination, contrary to the claims of the other side, that there is no medical necessity for this procedure, and a big part of the argument was that deference should be given to the findings of the people's elected representatives.

O'BRIEN: But six years ago, in a challenge to a Nebraska state law brought by Dr. Leroy Carhart, the Supreme Court held that a health exception was required. Carhart is also one of the doctors challenging the federal ban and was at the Supreme Court Wednesday.

Dr. LEROY CARHART: It's a victory for women if we win, and it's a great loss to American women if we lose.

JAY SEKULOW (American Center for Law & Justice): At the end of the day, as the Solicitor General just said, this case is about the borderline between abortion and infanticide.

Dr. CARHART: At 16 weeks, at 18 weeks, there's no possibility of life for this fetus in any studies that have ever been performed in the United States, so I don't think "infanticide" is ever in play.