Undue burden standard
Encyclopedia
The undue burden standard is a constitutional test fashioned by the Supreme Court of the United States
. The test, first developed in the late 19th century, is widely used in American constitutional law.
One use of the standard was in Morgan v. Commonwealth of Virginia, 328 U.S. 373
(1946). In a 7-to-1 ruling, Associate Justice
Stanley Forman Reed
fashioned an "undue burden" test to decide the constitutionality of a Virginia
law requiring separate but equal
racial segregation
in public transportation. "There is a recognized abstract principle, however, that may be taken as a postulate for testing whether particular state legislation in the absence of action by Congress is beyond state power. This is that the state legislation is invalid if it unduly burdens that commerce in matters where uniformity is necessary—necessary in the constitutional sense of useful in accomplishing a permitted purpose."
More recently, the standard has been used in cases involving state restrictions on a woman's access to abortion
. The standard was applied by Associate Justice Sandra Day O'Connor
in her dissent in City of Akron v. Akron Center for Reproductive Health
, 462 US 416
(1983). O'Connor utilized the test as an alternative to the strict scrutiny
test applied in Roe v. Wade
, 410 U.S. 113
(1973). The test was later used by a plurality opinion in Planned Parenthood v. Casey
, 505 U.S. 833
(1992), to uphold state regulations on abortion. In City of Akron, O'Connor stated: "If the particular regulation does not 'unduly burden' the fundamental right, then our evaluation of that regulation is limited to our determination that the regulation rationally relates to a legitimate state purpose." Justice John Paul Stevens
in his partial concurrence, partial dissent to Casey further defined undue burden by saying, "[a] burden may be 'undue' either because [it] is too severe or because it lacks a legitimate, rational justification."
The undue burden test has been used to judge the constitutionality of tax laws, consumer product liability laws, affirmative action, voter registration laws and even anti-spam
laws.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
. The test, first developed in the late 19th century, is widely used in American constitutional law.
One use of the standard was in Morgan v. Commonwealth of Virginia, 328 U.S. 373
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1946). In a 7-to-1 ruling, Associate Justice
Associate Justice of the Supreme Court of the United States
Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States...
Stanley Forman Reed
Stanley Forman Reed
Stanley Forman Reed was a noted American attorney who served as United States Solicitor General from 1935 to 1938 and as an Associate Justice of the U.S. Supreme Court from 1938 to 1957. He was the last Supreme Court Justice who did not graduate from law school Stanley Forman Reed (December 31,...
fashioned an "undue burden" test to decide the constitutionality of a Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
law requiring separate but equal
Separate but equal
Separate but equal was a legal doctrine in United States constitutional law that justified systems of segregation. Under this doctrine, services, facilities and public accommodations were allowed to be separated by race, on the condition that the quality of each group's public facilities was to...
racial segregation
Racial segregation
Racial segregation is the separation of humans into racial groups in daily life. It may apply to activities such as eating in a restaurant, drinking from a water fountain, using a public toilet, attending school, going to the movies, or in the rental or purchase of a home...
in public transportation. "There is a recognized abstract principle, however, that may be taken as a postulate for testing whether particular state legislation in the absence of action by Congress is beyond state power. This is that the state legislation is invalid if it unduly burdens that commerce in matters where uniformity is necessary—necessary in the constitutional sense of useful in accomplishing a permitted purpose."
More recently, the standard has been used in cases involving state restrictions on a woman's access to abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
. The standard was applied by Associate Justice Sandra Day O'Connor
Sandra Day O'Connor
Sandra Day O'Connor is an American jurist who was the first female member of the Supreme Court of the United States. She served as an Associate Justice from 1981 until her retirement from the Court in 2006. O'Connor was appointed by President Ronald Reagan in 1981...
in her dissent in City of Akron v. Akron Center for Reproductive Health
City of Akron v. Akron Center for Reproductive Health
City of Akron v. Akron Center for Reproductive Health, 462 U.S. 416 , was a case in which the United States Supreme Court affirmed its abortion rights jurisprudence...
, 462 US 416
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1983). O'Connor utilized the test as an alternative to the strict scrutiny
Strict scrutiny
Strict scrutiny is the most stringent standard of judicial review used by United States courts. It is part of the hierarchy of standards that courts use to weigh the government's interest against a constitutional right or principle. The lesser standards are rational basis review and exacting or...
test applied in Roe v. Wade
Roe v. Wade
Roe v. Wade, , was a controversial landmark decision by the United States Supreme Court on the issue of abortion. The Court decided that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's decision to have an abortion,...
, 410 U.S. 113
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1973). The test was later used by a plurality opinion in Planned Parenthood v. Casey
Planned Parenthood v. Casey
Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 was a case decided by the Supreme Court of the United States in which the constitutionality of several Pennsylvania state regulations regarding abortion were challenged...
, 505 U.S. 833
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1992), to uphold state regulations on abortion. In City of Akron, O'Connor stated: "If the particular regulation does not 'unduly burden' the fundamental right, then our evaluation of that regulation is limited to our determination that the regulation rationally relates to a legitimate state purpose." Justice John Paul Stevens
John Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...
in his partial concurrence, partial dissent to Casey further defined undue burden by saying, "[a] burden may be 'undue' either because [it] is too severe or because it lacks a legitimate, rational justification."
The undue burden test has been used to judge the constitutionality of tax laws, consumer product liability laws, affirmative action, voter registration laws and even anti-spam
Spam (electronic)
Spam is the use of electronic messaging systems to send unsolicited bulk messages indiscriminately...
laws.