That would put the abortion law in the news during the campaign season.
State Republican Party Chairman Bill Armistead said he doesn't expect it to have a major impact on the election because voters' views on abortion are already fixed. Armistead, a former state senator, said he doesn't expect Democratic legislators to make it an issue because it would backfire in a red state.
"Alabamians are pro-life and they want to protect the life of everyone," he said.
Democratic state Rep. John Rogers of Birmingham, who voted against the law, said a ruling during the campaign would be a gift for Democrats, who are trying to recruit lots of female legislative candidates.
"Women are concerned about their rights being suppressed. This is our key to breaking the supermajority that Republicans have," he said.