Niess heard oral arguments in the case Thursday and said he would rule within 90 days. He could also grant himself a 90-day extension if he feels he needs more time.

During the arguments, Assistant Attorney General Maria Lazar said that there is no need for Niess to rule in the case because Attorney General J.B. Van Hollen and all of the state’s district attorneys have agreed not to interpret the statute to mean that the second pill must be taken in the presence of a doctor.

The statute states that “no person may give an abortion-inducing drug to a woman” unless the physician who prescribed or provided the drug performs a physical examination of the woman and “is physically present in the room when the drug is given to the woman.”

Both sides say that “given” does not refer to the time that the woman ingests the drug.

Lazar said she believes that all prosecutors would be bound to the agreement in the future, and that the agreement could be used as a defense by a doctor who is prosecuted in the future.