Sentence examples for burden standard from inspiring English sources

Instead of overturning Roe v. Wade, they gut the undue burden standard in Casey.

Are they actually parts of the undue burden standard, just not explicitly labeled that way?

In theory, the "undue burden" standard could have provided a fairly robust protection of a woman's right to choose to have an abortion; in practice, it has not.

She and Souter then approached Kennedy, who agreed to adopt O'Connor's "undue burden" standard as the new test for evaluating all abortion restrictions.

Another question is how much the application of the "unreasonable burden" standard changes if the subject company has a business strategy that includes opposing government surveillance requests.

Presumably, the reference is to the Supreme Court's 1992 decision Planned Parenthood v. Casey, which adopted the "undue burden" standard for evaluating the constitutionality of restrictions on abortion.

Among the five Justices who purportedly adhere to Roe, atmost three agree upon the principle that constitutes adherence (the joint opinion's "undue burden" standard --and that principle istandard --and with Roe, standard --and athat4-156.

(Jeffrey Toobin wrote about Casey's undue-burden standard last year).

Even assuming, however, as I will for the remainder of this dissent, that Casey's fabricated undue-burden standard merits adherence (which it does not), today's decision is extraordinary.

Before the ruling, United States Courts of Appeals had adopted different interpretations of the undue-burden standard, resulting in a legal patchwork on abortion across the country.

In dissent, Justice Thomas said the majority opinion "reimagines the undue-burden standard," creating a "benefits-and-burdens balancing test". He said courts should resolve conflicting positions by deferring to legislatures.