She was not allowed an abortion in her state, even though her state claims it has an exemption for the life of the mother. They don't know at what exact point she will die, be sterilized from the pregnancy, or just go through an extremely horrific traumatic event of giving birth. It is clear giving birth will do extreme, unrepairable harm to her child's body. She could die, but they can't prove she will before she does. It's sort of the logic with the witch in the water. If she floats, she's a witch and should die. If she sinks, well thens he was innocent.