<P> On April 18, 2007, the Supreme Court handed down a 5 to 4 decision upholding the constitutionality of the Partial - Birth Abortion Ban Act . Kennedy wrote the majority opinion, asserting that Congress was within its power to generally ban the procedure, although the Court left the door open for as - applied challenges . Kennedy's opinion did not reach the question of whether the Court's prior decisions in Roe v. Wade, Planned Parenthood v. Casey, and Stenberg v. Carhart remained valid, and instead the Court stated that the challenged statute remained consistent with those past decisions whether or not those decisions remained valid . </P> <P> Chief Justice John Roberts, Scalia, Thomas, and Alito joined the majority . Justices Ginsburg, Stevens, Souter, and Breyer dissented, contending that the ruling ignored Supreme Court abortion precedent, and also offering an equality - based justification for abortion precedent . Thomas filed a concurring opinion, joined by Scalia, contending that the Court's prior decisions in Roe v. Wade and Planned Parenthood v. Casey should be reversed, and also noting that the Partial - Birth Abortion Ban Act possibly exceeded the powers of Congress under the Commerce Clause . </P> <P> In the case of Whole Woman's Health v. Hellerstedt, the most significant abortion rights case before the Supreme Court since Planned Parenthood v. Casey in 1992, the Supreme Court in a 5--3 decision on June 27, 2016, swept away forms of state restrictions on the way abortion clinics can function . The Texas legislature enacted in 2013 restrictions on the delivery of abortions services that created an undue burden for women seeking an abortion by requiring abortion doctors to have difficult - to - obtain "admitting privileges" at a local hospital and by requiring clinics to have costly hospital - grade facilities . The Court struck down these two provisions "facially" from the law at issue--that is, the very words of the provisions were invalid, no matter how they might be applied in any practical situation . According to the Supreme Court the task of judging whether a law puts an unconstitutional burden on a woman's right to abortion belongs with the courts and not the legislatures . </P> <P> Norma McCorvey became a member of the anti-abortion movement in 1995; she supported making abortion illegal until her death in 2017 . In 1998, she testified to Congress: </P>

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