U.S. Supreme Court agrees to review law that regulates abortion in Texas

Abortion rights protesters rally after the state Senate passed legislation restricting abortion in Austin, Texas, in this July 13, 2013 file photo.Reuters

The U.S. Supreme Court on Friday agreed to review a 2013 Texas law that regulates abortion in the state.

Justices have accepted an appeal from abortion provider Whole Woman's Health, which operates clinics in Texas, Illinois, Minnesota, New Mexico and Maryland.

The clinic is challenging the Texas law that imposed new medical regulations that would in effect shut down three-fourths of Texas' abortion clinics, according to the Los Angeles Times.

The Supreme Court may hand down its decision in June next year.

Texas passed the law in 2013 but has not been fully enforced. It mandates all abortion clinics to meet the standards of an outpatient surgical centre and its doctors should have admitting privileges in nearby hospitals.

The Supreme Court will decide if the regulations are designed to protect women's health or intended to close down many abortion clinics.

In its 1992 decision, the Supreme Court ruled that states can regulate abortion but they should not impose "undue burden" on women.

Republican-led states have imposed medical regulations in recent years that apply only to abortion clinics. Lower courts have different opinions if these laws violate women's right to abortion set in the Roe vs. Wade decision issued in 1973.

Medical and legal questions will be tackled by the U.S. Supreme Court in the latest case.

Texas' state lawyer said the new law would "raise the standard of care and ensure the health and safety of all abortion patients."

But pro-abortion advocates counter that these "will jeopardise women's health by drastically reducing access to safe and legal abortion services throughout the state," arguing that outside Houston, Dallas, Fort Worth, Austin and San Antonio, women would not have an abortion facility under the 2013 law.

Four major medical groups including the American Medical Association filed a brief saying the state laws "do nothing to protect the health and safety of women."

In its decision, the 5th Circuit Court in New Orleans said judges should not "second guess" legislatures and must uphold a law as long as it is "rationally related to a legitimate state interest.... Medical uncertainty underlying a statute is for resolution by legislatures, not the courts."

The 7th Circuit Court in Chicago blocked a Wisconsin law that was similar to the Texas law.

Texas Attorney General Ken Paxton defended the law, saying "common sense measures" will "ensure Texas women are not subject to substandard conditions at abortion facilities."

"The advancement of the abortion industry's bottom line shouldn't take precedent over women's health," he said.

Melissa Conway of Houston-based Texas Right to Life, said abortion clinics "are not being forced to close. They're choosing not to stay open because they do not want to invest the money in improving conditions."