Undue Burden Definition

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In the field of reproductive rights, a law, regulation, or policy that had the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion of a fetus that was not yet viable.

The undue burden standard became law in Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992). Casey was overruled by Dobbs v. Jackson Women's Health Org., 597 U.S. ___ (2022), so the undue burden standard is no longer used in reproductive rights cases.

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