Separate items on a list must be distinct. Any other interpretation violates elementary canons of construction.
SCOTUS 79 [United States Supreme Court, “Colautti v. Franklin,” 1-9-1979, 77-891, accessed via FindLaw @ https://caselaw.findlaw.com/us-supreme-court/439/379.html, 6-15-2024; enjen]
Section 5 (a) requires the physician to observe the prescribed standard of care if he determines "that the fetus is viable or if there is sufficient reason to believe that the fetus may be viable" (emphasis supplied). The syntax clearly implies that there are two distinct conditions under which the physician must conform to the standard of care. Appellants' argument that "may be viable" is synonymous with "viable" would make either the first or the second condition redundant or largely superfluous, in violation of the elementary canon of construction that a statute should be interpreted so as not to render one part inoperative. See United States v. Menasche, 348 U.S. 528, 538 -539 (1955).