Simple English definitions for legal terms
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The undue-burden test is a rule made by the Supreme Court that says a law about abortion will be thrown out if it makes it really hard for a woman to get an abortion. This rule replaced another rule called the "trimester analysis" which said that the government could make more rules about abortion as the pregnancy went on. The undue-burden test is now the rule that is used to decide if a law about abortion is fair or not.
Definition: The undue-burden test is a legal principle used in constitutional law to determine the constitutionality of laws regulating abortion. According to this test, a law that places a significant obstacle in the way of a woman's right to obtain an abortion will be considered unconstitutional.
The undue-burden test replaced the "trimester analysis" that was established in the landmark case of Roe v. Wade. Under the trimester analysis, the state's ability to restrict abortion increased as the pregnancy progressed through each trimester.
Example: In the case of Planned Parenthood of Southeastern Pa. v. Casey, the Supreme Court used the undue-burden test to strike down a Pennsylvania law that required women seeking abortions to notify their spouses. The Court found that this requirement placed an undue burden on a woman's right to obtain an abortion, as it could potentially endanger her safety or health if she was in an abusive relationship or if her spouse was unsupportive of her decision.
Another example of a law that could be considered an undue burden on a woman's right to obtain an abortion is a requirement for mandatory waiting periods or counseling sessions before the procedure. While these laws may be intended to provide information and support to women, they can also delay or deter women from obtaining the care they need.
Overall, the undue-burden test is an important legal principle that helps to protect women's reproductive rights and ensure that they have access to safe and legal abortion services.