What does the undue burden standard address in abortion restrictions?

• A. The undue burden standard assesses whether a restriction places a substantial obstacle in the path of a woman seeking an abortion before viability.
• B. It uses strict scrutiny for abortion laws.
• C. It prohibits all abortion restrictions.
• D. It grants states unlimited power to regulate abortion.

Answer: (A)

The undue burden standard asks whether a law regulating abortion places a substantial obstacle in the path of a woman seeking an abortion before fetal viability. Originating from Planned Parenthood v. Casey, it replaces strict scrutiny for pre-viability restrictions: states may regulate abortions, but if a regulation has the purpose or effect of creating a substantial obstacle to obtaining an abortion, it is unconstitutional. The focus is on whether the obstacle is substantial enough to deter or prevent access before viability. After viability, states can regulate or prohibit abortions, with limited exceptions to protect the mother’s life or health. This standard is not strict scrutiny, it does not ban all restrictions, and it does not grant states unlimited power.