Undue Burden

Definition - What does Undue Burden mean?

An undue burden is an obstacle that is intentionally and unfairly put in the way of a party that is seeking to exercise a constitutional right. Undue burdens are not permitted by law, and there are legal procedures for determining whether or not a burden is undue. Undue burdens are commonly involved in commerce and abortion-related clinics.

Justipedia explains Undue Burden

Undue burdens can often arise if a community does not want a certain business to conduct operations in its area. For example, a town may not want a casino to operate within its borders because it may view it as an attraction for undesirable activity. So, to thwart the casino from operating, the town may attempt to burden the casino with fees, regulations or other obstacles. However, if the town places obstacles in the way of the casino that are undue, then this can mean that it is doing something illegal.

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