that's simopoulos. that's mazurek. -- justice sotomayor: well, wait a minute -- justice kagan: so every abortion facility has to hit the standards of mgh. that would be all right? mr. keller: well, there would have to be medical evidence. it is at a minimum disputed. in here, their experts have conceded that doctors believe this this is precisely where there's a medical disagreement, even if you don't accept our medical testimony, although it was admitted into the record. justice kagan: i'm sure that there's medical evidence that if every hospital, if every facility was as good as massachusetts general, they would be better facilities. i'm sure that you could find doctors to say that, because mgh, it's a great hospital. but that would be okay, even though it's not applied to any other kind of facility doing any other kind of procedure, even though we know that liposuction is times more dangerous, yet doesn't have the same kinds of requirements. mr. keller: and that was the holding in simopoulos. and in

that's at of the simopoulos oral -- and that is that 5043 of the simopoulos oral argument transcript. it's because in looking at the laws, it's whether the legislature has a legitimate purpose in acting. legislatures react -- justice sotomayor: that's interesting. justice kagan: well, can the legislature say anything, general? i mean, if the legislature says we have a a healthrelated abortion regulation here, we've

in simopoulos, the court found that the regulations of secondtrimester procedures at issue in that case were consistent with prevailing medical standards at the time, and that was critical to the court's decision. that is not the case here. there is extensive testimony in the record that these requirements are not medically justified. they are not consistent with prevailing medical standards, and their amicus briefs from leading medical associations, including the ama and acog, confirming that. justice alito: do you think that federal district judges or this court is well qualified to determine whether there is a different risk, regard with respect to abortion, as compared to other procedures, that may or may not have to be required may or may not have to be performed in an in an asc? ms. toti: your honor, district courts are quite competent to determine the credibility and the reliability of expert testimony. that's something that's within the core competence of a trial court. and the trial court in this case determined that there was no credible or reliable evidence supporting texas's