The undue burden standard is a constitutional test fashioned by the Supreme Court of the United States.
[1] In short, the undue burden standard states that a legislature cannot make a particular law that is too burdensome or restrictive of one's fundamental rights.
In a 7-to-1 ruling, Associate Justice Stanley Forman Reed fashioned an "undue burden" test to decide the constitutionality of a Virginia law requiring separate but equal racial segregation in public transportation.
This is that the state legislation is invalid if it unduly burdens that commerce in matters where uniformity is necessary—necessary in the constitutional sense of useful in accomplishing a permitted purpose.
[13] Some courts have described the undue burden standard as "a 'middle way' forward" for Constitutional analysis, between the strict scrutiny and the rational basis tests.