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→Holding of the Majority, by [[Anthony Kennedy]]
== Holding of the Majority, by [[Anthony Kennedy]] ==
== Holding of the Majority, by [[Anthony Kennedy]] ==
Justice Kennedy held, for a majority of 5 justices<ref>Kennedy, Scalia, Alito, Thomas, J.J., and Roberts, C.J.</ref>, that the Act was constitutional.
The majority first disagreed with the lower courts, finding that the Act did not ban any abortion practice other than specifically D&X, since it described the procedure to be banned in detail. Further, high ''[[mens rea]]'' requirements would prohibit conviction for a doctor accidentally performing D&X, as well, so the Act was not only ''not'' unconstitutionally vague, but went very far to protect against erroneous conviction. As a result, there would be no undue burden imposed on doctors or women, since other abortion procedures would still be available for use within the period for which an abortion is legal under ''Roe'' and ''Casey'' - that is, pre-viability. The Court employed the doctrine of [[constitutional avoidance]] to make sure that doctors and legislators would be aware that other abortion procedures, specifically D&E, a popular but more humane variant of D&X, would not be banned. The majority also agreed with Congress on all of its moral "prongs" - that D&X was inhumane, devalued life, devalued medicine, and should be banned.
Additionally, Justice Kennedy deferred to Congress' findings that D&X lacked any health benefits. Although the issues of fact on this matter were heavily contested, Kennedy agreed with the defendant Attorney General, that Congress may legislate even where there is a lack of medical "consensus," since anything less would impose an insurmountable obstacle to any medical regulation. As such, since D&X lacked any health benefits, an exception for the health of the mother would be wholly duplicative, and was therefore not needed.
However, the Court noted that there may be instances where D&X would be preferable. As such, although the Court found the Act ''facially'' constitutional, it held that it was still vulnerable to an [[as-applied challenge]], which would carve an exception into the Act in very discrete and specific medical circumstances.
== Justice Ginsburg's Dissent ==
== Justice Ginsburg's Dissent ==