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Unburdening the undue burden standard: orienting Casey in constitutional jurisprudence.

Authors :
Metzger, Gillian E.
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