Which case introduced the undue burden standard for abortion restrictions?

Which case introduced the undue burden standard for abortion restrictions?

• A. Planned Parenthood v. Casey (1992)
• B. Roe v. Wade (1973)
• C. Dobbs v. Jackson Women's Health Organization (2022)
• D. Obergefell v. Hodges (2015)

Answer: (A)

Undue burden is the test used to evaluate abortion restrictions, established by Planned Parenthood v. Casey in 1992. The Court held that before fetal viability, states may regulate abortions but cannot place a substantial obstacle in a woman’s path to obtaining one. This shifts away from Roe’s strict trimester framework and focuses on practical impact: does the law create an undue obstacle rather than advancing legitimate interests on its own? In Casey, the Court reaffirmed access to abortion while allowing several regulations, but struck down the spousal notification requirement as an undue burden. The standard remains centered on whether a law places a substantial obstacle in the way of a woman seeking an abortion before viability. Roe v. Wade introduced a right to abortion but did not use the undue burden standard. Dobbs v. Jackson Women’s Health Organization later overturned Roe’s framework, returning the question to states without adopting the undue burden approach. Obergefell v. Hodges concerns same-sex marriage, not abortion.

Undue burden is the test used to evaluate abortion restrictions, established by Planned Parenthood v. Casey in 1992. The Court held that before fetal viability, states may regulate abortions but cannot place a substantial obstacle in a woman’s path to obtaining one. This shifts away from Roe’s strict trimester framework and focuses on practical impact: does the law create an undue obstacle rather than advancing legitimate interests on its own?

In Casey, the Court reaffirmed access to abortion while allowing several regulations, but struck down the spousal notification requirement as an undue burden. The standard remains centered on whether a law places a substantial obstacle in the way of a woman seeking an abortion before viability.

Roe v. Wade introduced a right to abortion but did not use the undue burden standard. Dobbs v. Jackson Women’s Health Organization later overturned Roe’s framework, returning the question to states without adopting the undue burden approach. Obergefell v. Hodges concerns same-sex marriage, not abortion.