Even while upholding the Partial-Birth Abortion Ban Act, the U.S. Supreme Court conceded that Congress did not know what it was talking about when it passed the law. Congress asserted, for example, that no medical school taught the abortion method banned by the act, known as "intact D&E" (dilation and evacuation), when in fact many did.

Congress also claimed "there is no credible evidence that partial-birth abortions are safe or are safer than other abortion procedur ...

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