Legal Definitions - undue burden

Undue burden is a legal term that refers to a situation where a state restriction on abortion creates a significant obstacle for someone seeking an abortion of a non-viable fetus. If a person can prove that they would face an undue burden due to a state restriction on abortion, then the law imposing the burden will be struck down either entirely or partially.

The undue burden standard was established in the case of Planned Parenthood v. Casey in 1992. In this case, the Supreme Court upheld the right to abortion established in Roe v. Wade but rejected the trimester framework. The court determined that the trimester framework undervalued the state's interest in potential life and misconceived the nature of the pregnant person's interest.

For example, in Planned Parenthood v. Casey, 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. However, the requirement that a wife seeking an abortion must inform her husband of her plans prior to the procedure was struck down because it created an undue burden. This was due to concerns about domestic abuse, which could put the woman in danger if she had to inform her husband.

In summary, an undue burden arises when a state restriction on abortion creates a significant obstacle for someone seeking an abortion of a non-viable fetus. If a person can prove that they would face an undue burden due to a state restriction on abortion, then the law imposing the burden will be struck down either entirely or partially.