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, " burden may be 'undue' either because 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.
Famous quotes containing the words undue, burden and/or standard:
“Surely it is one of the simplest laws of taste in dress, that it shall not attract undue attention from the wearer to the worn.”
—Elizabeth Stuart Phelps (1844–1911)
“When other helpers fail and comforts flee, when the senses decay and the mind moves in a narrower and narrower circle, when the grasshopper is a burden and the postman brings no letters, and even the Royal Family is no longer quite what it was, an obituary column stands fast.”
—Sylvia Townsend Warner (1893–1978)
“As in political revolutions, so in paradigm choice—there is no standard higher than the assent of the relevant community. To discover how scientific revolutions are effected, we shall therefore have to examine not only the impact of nature and of logic, but also the techniques of persuasive argumentation effective within the quite special groups that constitute the community of scientists.”
—Thomas S. Kuhn (b. 1922)