The Supreme Court is scheduled to hear oral arguments Wednesday in a case challenging a 2013 Texas law that required abortion clinics to meet ambulatory surgical standards and for doctors at those clinics to have hospital admitting privileges.
Opponents of the law say it creates an undue burden on women seeking abortion access, which is against federal law. States, however, are allowed to create laws that place restrictions on abortion — as long as those regulations don't create an undue burden.
Since the law was passed in 2013, just 19 of the 40 clinics that existed before the law have closed, and if the Supreme Court upholds Texas' rule, just 10 clinics would remain open, the Texas Tribune reports
According to The Dallas Morning News
, the fate of Texas' abortion clinics is in the hands of Justice Anthony Kennedy. If he sides with abortion providers, the clinics can remain open. However, if he doesn't, and he sides with Texas, the court can uphold the lower court's ruling and decline to set precedent or defer the case until the following term, according to The Dallas Morning News
. Since Justice Antonin Scalia died in Texas earlier this month
, there's likely to not be a majority on the Lone Star State's side.