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→Material Facts
== Material Facts ==
== Material Facts ==
The [[Partial Birth Abortion Act of 2003]] banned the use of a highly controversial [[abortion]] procedure, "dilation and extraction" (D&X), otherwise known as "intact dilation & evacuation" (Intact D&E). The procedure, proponents of the Act argued, resembles infanticide. Congress argued that its use demeaned the medical profession, and banning such a procedure furthered the interests of correcting this problem, and also represented a furtherance of the state's interest in unborn life, the third "[[Planned Parenthood of Southeastern Pennsylvania v. Casey|Casey]] Factor." Congress provided that D&X could be used where the life of the mother would otherwise be threatened, but not where only the health of the mother was threatened. This exception was omitted against the direct requirement of [[Stenberg v. Carhart]], and Congress sought to justify this omission on the grounds that Congress had made [[findings]] that D&X was profoundly unhealthy or, at least, lacked any health benefits. The Act also commanded that the Supreme Court pay heed to these findings.
The Act was challenged immediately upon its passage. Lower courts in different circuits issued permanent injunctions against the enforcement of the Act, accepting the plaintiffs' arguments that the Act was,
# Unconstitutionally "void for vagueness," since it seemed to prohibit other abortion practices, unfairly burdening doctors who would not know whether or not they were within the letter of the law,
# Unduly burdensome on women, since the Courts found that the Act could be read to prohibit other, legitimate abortion practices, and,
# Unduly burdensome on women, for lacking a health exception per ''Stenberg''.
The [[Supreme Court]] took ''certiorari'' to address these questions, and issued its holding on 18 April 2007, upholding the Act in full.
== Holding of the Majority, by [[Anthony Kennedy]] ==
== Holding of the Majority, by [[Anthony Kennedy]] ==
== Justice Ginsburg's Dissent ==
== Justice Ginsburg's Dissent ==