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Undue burden was defined as a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus. The courts application of the provisions concluded that the new analysis did not impose an undue burden on the right to an abortion and that they were unconstitutional. The provision involving spousal notification required that a married woman tell her husband that she is getting the abortion...
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This was struck down as being unconstitutional.
11. Strict scrutiny resulted in most regulations being invalidated during the first two trimesters of the pregnancy. The significance was that the new standard of review allowed more states to have restrictions to pass as constitutional. It also was significant because the court found that the states interest in the protection of human life extended throughout the pregnancy, so the state could in fact regulate to the point of childbirth over abortion from the beginning...
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Turning obstacle to Opportunity
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