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Unburdening the undue burden standard: orienting Casey in constitutional jurisprudence.
- Source :
- Columbia Law Review. Oct, 1994, Vol. 94 Issue 6, p2025-2089.
- Publication Year :
- 1994
-
Abstract
- The Supreme Court's decision in Casey states that an undue burden standard should be used to decide the constitutionality of abortion laws but fails to establish a test for this standard. The undue burden standard is best approached with a methodology that checks for facially undue burdens and an underlying purpose of burden. A rationality review and a study of the effects of regulations on all women, especially the poor and the young, should also be part of the test for establishing undue burden.
Details
- ISSN :
- 00101958
- Volume :
- 94
- Issue :
- 6
- Database :
- Gale General OneFile
- Journal :
- Columbia Law Review
- Publication Type :
- Periodical
- Accession number :
- edsgcl.15930492