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Simple English definitions for legal terms

undue burden

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A quick definition of undue burden:

Undue burden: When a law or regulation makes it very difficult for someone to get an abortion, it is called an undue burden. If a person can prove that a law or regulation creates an undue burden, it can be struck down. The government can still try to protect the health of the pregnant person, but it cannot make it too hard for them to get an abortion. This rule was made in a court case called Planned Parenthood v. Casey. In that case, a law that required a woman to tell her husband before getting an abortion was struck down because it made it too hard for some women to get an abortion safely.

A more thorough explanation:

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.

undocumented immigrant | Undue hardship

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Dkk
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SEO is big money
2016 pushed the conservative party into populism irreversibly
Dkk
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Maybe, but if this is populism, then every election is populist.
19:43
@Dkk: yeah register 1 website and every swinging tom dick and harry calls/emails/texts to 'help with seo'. like bruh, if YOU found it, what i am doing is working
Dkk
19:43
Indeed!
19:48
wasp, i think people are hopeful for a gov who at least attempts to care about the common man
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
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