Massachusetts lawmakers are nearing a vote on legislation that would significantly expand access to abortions after 24 weeks of pregnancy, a move proponents say would allow physicians, not statutes, to determine medically necessary care.
The Prioritizing Patients' Access to Care Act, which passed the House 119-33, is on an accelerated track in the state Senate before the legislative session concludes Friday. This effort by Democratic lawmakers represents one of the latest attempts by blue states to broaden abortion protections following the Supreme Court's 2022 decision in Dobbs v. Jackson Women's Health Organization, which returned abortion policy authority to individual states.
If enacted, the bill would eliminate the requirement that abortions after 24 weeks be performed only under specific circumstances, such as to protect the patient's life or physical health, or in cases of lethal fetal anomaly or grave fetal diagnosis. Instead, licensed physicians would be able to decide the appropriateness of an abortion after 24 weeks based on their medical judgment, and their decisions could not be overruled by third-party medical reviewers.
Supporters of the bill argue that existing exceptions are too narrow to address all serious pregnancy complications. Rep. Lindsay N. Sabadosa, D-Northampton, stated that the legislation aims to ensure that medical decisions are made by patients and their doctors. "By removing those barriers, we can ensure that no one has to leave Massachusetts to receive the care they need," Sabadosa said.
Reproductive Equity Now, an advocacy group, cited a 2021 case where a woman reportedly had to leave Massachusetts for an abortion at 33 weeks because the circumstances did not fit the state's existing exceptions. "Providers say they want to be able to use their professional expertise to make decisions — that's how we treat almost every other area of health care," said Claire Teylouni, interim co-executive director of Reproductive Equity Now.
Opponents contend that the bill would effectively remove all limits on abortions later in pregnancy. Kelsey Pritchard, communications director for Susan B. Anthony Pro-Life America, argued that current Massachusetts law already includes broad exceptions for health, life, and fetal anomalies. "And so what this new bill would do is allow abortion throughout the second and third trimesters if you have an abortionist who has a medical degree who can sign off on that for you, so essentially they're opening the door to elective abortion at any point in pregnancy," Pritchard stated.
Critics also raised concerns about the speed at which the bill advanced. "There's really no justification for them to make their law this extreme," Pritchard added. "It's something that they've been doing in secret. They kind of tried to fly under the radar when they passed this bill in the House. And then they bypassed the full Senate committee process to fast-track this and get this done before their legislative session ends on July 31."
Republican lawmakers in the Massachusetts Legislature have also expressed surprise and opposition to the bill. State Rep. Kelly Pease told WWLP that he was caught off guard, questioning the proposal to allow terminations late in pregnancy unless there are extenuating circumstances.
Massachusetts Governor Maura Healey has previously positioned her administration as a proponent of reproductive freedom. Since taking office in 2023, she has directed state agencies to protect abortion providers and patients from out-of-state legal actions and ordered the state to stockpile mifepristone. She has not yet publicly commented on this specific bill.