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The undue burden standard is a constitutional test established by the United States Supreme Court. The test, which was first developed in the late 20th century, is widely used in American constitutional law to determine whether a law is too burdensome or restrictive of one's fundamental rights. The standard has been applied in various contexts, including abortion laws, tax laws, consumer product liability laws, affirmative action, voter registration laws, and anti-spam laws. One notable application of the undue burden test was in the case of Planned Parenthood v. Casey in 1992, where the Supreme Court upheld the constitutionality of abortion restrictions that did not impose an undue burden on a woman's right to abortion. The test has also been used in other areas of law, such as tax laws and voter registration laws, to ensure that legislation does not place a substantial obstacle in the way of individuals' rights.
| Characteristics | Values |
|---|---|
| Established by | Planned Parenthood v Casey (1992) |
| Overruled by | Dobbs v Jackson Women's Health Organization (2022) |
| Used to determine | Constitutionality of laws |
| Used in | Tax laws, consumer product liability laws, affirmative action, voter registration laws, abortion laws, anti-spam laws |
| Related to | Roe v. Wade (1973) |
| Definition | "A burden may be 'undue' either because [it] is too severe or because it lacks a legitimate, rational justification." |
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What You'll Learn
Abortion laws
In the United States, the "undue burden" standard was established in Planned Parenthood v. Casey (1992), where the Supreme Court upheld Roe v. Wade (1973) but rejected the trimester framework. The undue burden test is the legal standard that courts use to determine whether an abortion restriction violates the Constitution. In other words, an undue burden refers to state statutes that restrict abortions and place a substantial obstacle for someone seeking an abortion for a non-viable fetus.
In the Casey case, the Pennsylvania Abortion Control Act required a person seeking an abortion to give informed consent and be provided with information 24 hours in advance. Minors needed the informed consent of a parent, and a wife seeking an abortion was required to inform her husband of her plans. The first two prongs were upheld because the Supreme Court did not consider them unduly burdensome. However, the third prong was struck down because there were domestic abuse concerns, giving rise to an undue burden.
In 2013, the Texas legislature enacted restrictions that required abortion doctors to have admitting privileges at a local hospital and abortion clinics to have facilities equivalent to those conducting outpatient surgery. On June 27, 2016, the Supreme Court, in a 5-3 decision for Whole Woman's Health v. Hellerstedt, struck down these restrictions. The ruling stated that the task of judging whether a law puts an undue burden on a woman's right to abortion belongs with the courts and not the legislatures.
In 2020, the Supreme Court's plurality decision in June Medical Services v. Russo reaffirmed the holding from Whole Woman's Health that courts must consider the burdens a law imposes on abortion access together with its benefits. The ruling struck down a Louisiana abortion restriction that would have led to the closing of two of the state's three remaining abortion clinics.
In 2022, the Supreme Court overruled Roe v. Wade in Dobbs v. Jackson Women's Health Organization, holding that the "undue burden" standard was unworkable due to the ambiguity of the term, which caused inconsistencies in how courts applied the test.
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Civil rights
The undue burden standard is a constitutional test established by the United States Supreme Court. The test, first developed in the late 20th century, is widely used in American constitutional law. In essence, the undue burden standard states that a legislature cannot make a law that is too burdensome or restrictive of one's fundamental rights.
The concept of an undue burden is important in the area of civil rights. It refers to a standard under the United States Constitution that prohibits the government from placing an unreasonable burden on a person's right to life, liberty, or property. An undue burden is a situation in which a law or policy is put in place that is too difficult for someone to comply with. This could be due to the law or policy being overly complicated, restrictive, or time-consuming. It can also refer to an unreasonable financial burden.
The undue burden test has been used to judge the constitutionality of various laws, including tax laws, consumer product liability laws, affirmative action, voter registration laws, and abortion laws. In the context of abortion, the undue burden standard has been applied to determine whether abortion restrictions violate the Constitution. For example, in Planned Parenthood v. Casey in 1992, the Supreme Court upheld Roe v. Wade but rejected the trimester framework, concluding that it undervalued the state's interest in potential life. The Court held that an abortion restriction is unconstitutional if its burdens outweigh its benefits.
However, the application of the undue burden standard in the context of abortion has been controversial. In Dobbs v. Jackson Women's Health Organization in 2022, the Supreme Court majority held that the term "undue burden" was ambiguous and caused courts to struggle with consistent application. This decision overruled and rendered moot the undue burden test established in Planned Parenthood v. Casey.
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Constitutional law
The undue burden standard is a constitutional test created by the Supreme Court of the United States. The test, which was first developed in the late 20th century, is widely used in American constitutional law. The undue burden standard states that a legislature cannot make a law that is overly burdensome or restrictive of an individual's fundamental rights.
The undue burden standard was notably applied in the case of Morgan v. Virginia, 328 U.S. 373 (1946). In a 7-to-1 ruling, Associate Justice Stanley Forman Reed established an "undue burden" test to determine the constitutionality of a Virginia law mandating separate but equal racial segregation in public transportation.
The undue burden test has been used in various contexts, including abortion laws, tax laws, consumer product liability laws, affirmative action, voter registration laws, and anti-spam laws. In the context of abortion laws, the undue burden test has been a significant factor in evaluating the constitutionality of restrictions on abortion access.
In Planned Parenthood v. Casey (1992), the Supreme Court upheld Roe v. Wade (1973) but rejected the trimester framework, concluding that it misconceived the nature of the pregnant person's interest and undervalued the state's interest in potential life. The Court established the undue burden standard, stating that an abortion restriction is unconstitutional if its burdens outweigh its benefits. This standard was reaffirmed in Whole Woman's Health v. Hellerstedt (2016) and June Medical Services v. Russo (2020), where the Court emphasised the need to consider the real-world impacts of abortion restrictions, especially on marginalised communities.
However, in Dobbs v. Jackson Women's Health Organization (2022), the Supreme Court majority held that the "undue burden" standard was unworkable due to its ambiguity, making it challenging for courts to apply consistently. As a result, the undue burden test established in Planned Parenthood v. Casey was overruled and rendered moot.
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Consumer product liability laws
The undue burden standard is a constitutional test created by the Supreme Court of the United States. It states that a legislature cannot make a law that is overly burdensome or restrictive of an individual's fundamental rights. This standard has been used to evaluate the constitutionality of a range of laws, including consumer product liability laws.
When assessing product defects, courts often use two standards: the consumer expectation standard and the risk-utility standard. The consumer expectation standard considers a product defective if its danger is unknowable and unacceptable to an ordinary consumer. Courts examine factors such as the product's nature and intended use. On the other hand, the risk-utility standard deems a product defective if its risk of harm outweighs the benefits of its design. Here, courts consider factors like the magnitude and probability of foreseeable harm, instructions, warnings, marketing, and available substitutes.
In the context of consumer product liability, the undue burden test has been applied to determine whether specific consumer product liability laws unduly burden the fundamental rights of manufacturers or other parties in the supply chain. This test ensures that consumer product liability laws do not impose excessive restrictions on the rights of those involved in the manufacturing and distribution process while also safeguarding the rights of consumers.
It's worth noting that the specific application of consumer product liability laws can vary depending on the jurisdiction. Some states, like California, choose to apply one standard over the other based on the nature of the case. Additionally, there may be differences in the burden of proof, with some states requiring the plaintiff to prove the existence of a design defect, while others mandate the defendant to justify the absence of a defect.
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Affirmative action
The "undue burden" standard is a constitutional test created by the Supreme Court of the United States. The test, which was first developed in the late 20th century, is frequently used in American constitutional law. The undue burden standard asserts that a legislature cannot pass a law that is overly burdensome or restrictive of an individual's fundamental rights.
"Affirmative action" refers to policies that promote diversity by providing opportunities to people from historically disadvantaged groups. For many years, numerous public colleges and universities used race as a factor in admissions decisions as part of affirmative action. The Supreme Court upheld this practice for decades until 2023, when it overturned race-conscious admissions policies, stating that they violated the Fourteenth Amendment. The Fourteenth Amendment to the United States Constitution came into force on July 9, 1868, shortly after the Emancipation Proclamation ended slavery, and the nation underwent significant changes known as "Reconstruction." During this period, three crucial constitutional amendments were enacted: the Thirteenth Amendment, which officially abolished slavery; the Fourteenth Amendment, which granted citizenship to all born or naturalized in the United States and extended due process protections to state government actions; and the Fifteenth Amendment, which prohibited states from denying citizens the right to vote based on "race, color, or previous condition of servitude."
In the context of affirmative action, the Fourteenth Amendment has been central to several court cases. In United States v. Paradise (1987), a court-ordered affirmative action plan for the hiring and promotion of Black police officers in Birmingham, Alabama, was challenged. The District Court found that the Alabama Department of Public Safety had systematically excluded African Americans from employment as state troopers for almost four decades, violating the Fourteenth Amendment. Consequently, the court issued a hiring quota, and the Supreme Court upheld the plan's constitutionality. Similarly, in Fullilove v. Klutznick, the Supreme Court addressed affirmative action regarding a provision of the Public Works Employment Act of 1977. The law mandated that 10% of federal funding for specific public works projects be allocated to businesses owned by "minority group members." While the plaintiffs argued that the provision violated the Fifth Amendment's due process clause and the equal protection clause, the Supreme Court ruled in favor of the provision, citing the government's compelling interest in addressing past discrimination against minority groups.
In more recent years, affirmative action policies in university admissions have faced legal challenges. The University of North Carolina (UNC) was accused by SFFA of employing racial discrimination in its admissions processes, giving an unfair advantage to Black and Hispanic applicants over white and Asian applicants. A federal judge ruled in favor of UNC in 2019, finding that its admissions process was constitutional and did not discriminate against Asian-American applicants. However, the Supreme Court's decision in 2023 to overturn race-conscious admissions policies may signal a shift in the legal landscape surrounding affirmative action.
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Frequently asked questions
The undue burden standard is a constitutional test created by the Supreme Court of the United States. It states that a legislature cannot make a law that is overly burdensome or restrictive of an individual's fundamental rights.
The test was first developed in the late 20th century and has been widely used in American constitutional law. In 1992, the undue burden test was established in Planned Parenthood v. Casey, where the Supreme Court upheld Roe v. Wade but rejected the trimester framework.
The undue burden standard has been used to judge the constitutionality of various laws, including tax laws, consumer product liability laws, affirmative action, voter registration laws, abortion laws, and anti-spam laws. In the context of abortion, the undue burden test determines whether an abortion restriction violates the Constitution by imposing burdens that outweigh its benefits.
