SALT LAKE CITY (AP) — Utah state attorneys will ask a judge on Thursday to let them marshal evidence to defend a new abortion ban, a step that could prepare the case for a future appeals court amid optimism from anti-abortion advocates nationwide about new conservative U.S. Supreme Court justices.

The Planned Parenthood Association of Utah, on the other hand, argues there’s no need to go through the evidence-gathering process. The ban on most abortions after 18 weeks clearly runs afoul of the Supreme Court’s longtime stance that states cannot ban abortion before the fetus is viable outside the womb, lawyers for the group and the American Civil Liberties Union of Utah said in court documents.

Utah is one of a number of conservative states that passed abortion bans this year. Arkansas also passed an 18-week ban, and other states have passed more restrictive laws. Several states have passed bans on abortions after a fetal heartbeat is detectable, as early as six weeks. Alabama has gone even further, outlawing virtually all abortions, even in cases of rape or incest.

None of the bans has taken effect, and all are expected to face legal challenges. Abortion opponents hope to challenge Roe v. Wade, the 1973 case that legalized abortion nationwide.

Utah Republicans like Gov. Gary Herbert have said their approach, which also includes exceptions for things like rape and incest, strikes a balance between a woman’s right to choose and protecting fetuses. State attorneys argue the law doesn’t create an “undue burden” because they are still accessible before 18 weeks.

Utah wants to gather evidence on things like fetal development, the procedures used in second-term abortions and what risks the procedure could present for the mother’s health. That would show why the law is needed, and allow the state to “make a complete record for reviewing appellate courts,” attorneys wrote in court records.

Planned Parenthood said those topics are irrelevant to the viability standard, and pointed to the state’s own educational materials for women seeking abortions that say a fetus cannot survive outside the woman before 22 weeks.

It’s not clear when U.S. District Judge Clark Waddoups will decide the evidence issue, but after he rules he’ll weigh the larger question of whether Utah’s 18-week ban is constitutional. Whichever side loses is expected to appeal.