The Supreme Court has agreed to hear arguments in the case in early November, but will not immediately block the Texas law that prohibits most abortions.
The justices will determine whether the federal government has the power to sue over the law, according to a statement released on Friday.
The court’s decision upholds a law that clinics claim has resulted in an 80 percent decline in abortions in the country’s second-largest state. After cardiac activity is identified, usually around six weeks of pregnancy, the law prohibits abortions. That’s before some women are even aware they’re expecting.
Sonia Sotomayor, the Supreme Court’s chief justice, wrote that she would have blocked the law right now.