Massachusetts Close to Giving Doctors Final Say on Whether to Perform Late Abortions

Massachusetts is on the verge of allowing doctors the final decision on whether to perform late-term abortions, a measure set to impact only a few cases, supporters argue. The Senate passed the bill on Friday, sending it to Governor Maura Healey, who has previously championed abortion rights legislation. Currently, abortion is permissible until the 24-week mark; beyond that, it's only permitted if a doctor deems it necessary to safeguard the woman's life, physical or mental well-being, due to a lethal fetal condition, or if the fetus is unlikely to survive outside the womb.

State Representative Christine Barber (D) contended that the current regulation has led to hospitals refusing services for women seeking abortions late in pregnancy, even in instances where a fetal stroke was diagnosed, making survival outside the womb improbable. If enacted, the new law would eliminate the list of specific conditions, instead allowing abortions based on a physician's professional discretion.

Critics argue that such a change could permit abortions up until birth, even for healthy fetuses, and that later abortions are more complicated and hazardous for the women involved.

While the legislation aims to enhance access, opponents contend it may undermine a woman's safety. Myrna Maloney Flynn, president of Massachusetts Citizens for Life, in a video urging supporters to protest the bill, stated that prioritizing access should not compromise a woman's safety. Since the Supreme Court overturned Roe v. Wade four years ago, abortion laws have evolved across the U.S. Some states already had bans in place, waiting to enforce them, while others introduced bans or restrictions since the ruling.

Today, 13 states enforce outright bans, while four prohibit it after around six weeks, often before women realize they are pregnant. Numerous Democratic-led states have enacted laws to shield medical providers who offer abortions to patients in states with restrictions. Massachusetts stands out with a shield law for providers who prescribe abortion pills via telehealth to women in states where it's banned.

Anti-abortion advocates in Louisiana and Texas are testing the efficacy of these protections. Most recent abortion-related state laws have not significantly altered when or how abortions are allowed. For example, a Colorado law, set to take effect in August 2027, mandates colleges with student health centers to provide abortion pills to students, exempting private schools with religious objections.

Similarly, an Oklahoma law criminalizes the purchase or sale of abortion pills intended for unauthorized abortions.