What is the meaning of undue burden?
significant difficulty or expense
Undue burden means significant difficulty or expense.
What does undue burden mean in law?
In short, the undue burden standard states that a legislature cannot make a particular law that is too burdensome or restrictive of one’s fundamental rights.
What did the undue burden standard do?
UNDUE BURDEN BEFORE WHOLE WOMAN’S HEALTH v. Wade (1973), the Supreme Court has recognized that the Constitution protects the fundamental right to choose abortion. The undue burden test is the legal standard that courts use to determine whether an abortion restriction violates the Constitution.
When was the undue burden standard?
1992
The undue burden standard was established in Planned Parenthood v. Casey, 505 U.S. 833 (1992), where the Supreme Court upheld Roe v.
What does undue burden mean in abortion?
The undue burden standard A legal restriction posing an undue burden is one that has “the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus.”
Why is the undue burden test important?
The undue burden test has features that can also advance constitutional jurisprudence around rights other than abortion. Challenges to laws that limit individual rights often turn on whether states are actually advancing valid interests in a way that justifies the harms they place on people.
What is the Casey standard?
The key judgment of Casey can be summed up as follows: “Under Casey, abortion regulations are valid so long as they do not pose a substantial obstacle and meet the threshold requirement of being “reasonably related” to a “legitimate purpose.” Id., at 878; id., at 882 (joint opinion).”
What level of scrutiny is the undue burden test?
If the abortion restriction imposes less than an undue burden, it will be upheld as long as it has a rational basis (minimum scrutiny); if it imposes an undue burden, it will only be upheld if it is a least restrictive means to achieve a compelling end (strict scrutiny).
What is an undue burden?
In the field of reproductive rights, having the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion of a fetus that is not yet viable. Laws that impose an undue burden on a fundamental right are unconstitutional under current Supreme Court cases. Definition provided by Nolo’s Plain-English Law Dictionary.
What is the “undue burden” test in the Virginia case?
In a 7-to-1 ruling, Associate Justice Stanley Forman Reed fashioned an “undue burden” test to decide the constitutionality of a Virginia law requiring separate but equal racial segregation in public transportation.
Is an abortion law a “due” burden?
A “Due” Burden? Casey distinguished that, although an abortion law may be a burden, it may be a due burden: “Not all burdens on the right to decide whether to terminate a pregnancy will be undue.”
What does it mean to be a burden?
If you describe a problem or a responsibility as a burden, you mean that it causes someone a lot of difficulty, worry, or hard work. […] COBUILD Advanced English Dictionary.