Gov. Maura Healey has signed an emergency order to enact one of the nation’s most expansive abortion laws, leapfrogging anti-abortion advocates who’d gathered signatures in an attempt to freeze the law’s implementation.
Now, anyone in Massachusetts can legally get an abortion at any point in their pregnancy, as long as they have a doctor’s signoff.
“Here in Massachusetts, home to the best doctors and hospitals in the world and some of the strongest abortion protections in the country, a family facing unimaginable heartbreak was turned away,” Healey wrote Friday. “They were fortunate to have the resources to travel out of state and pay out of pocket for care — many others cannot. And they’re not alone.”
The new law was passed this summer. But backers of a proposed 2028 ballot question that seeks to repeal that law said last week they’d hit the signature-gathering benchmark, which would have prevented it from taking effect unless Healey chose to implement the law on an emergency basis.
Sam Miele, the chair of the Compassionate Care Coalition, told GBH News by phone his group was saddened but not surprised that Healey had taken the step and addressed the governor directly.
“We have one question for you: Why is a bill that encourages healthy, viable nine-month babies to be killed at nine months in the womb necessary for the immediate preservation of the public peace, health and safety of Massachusetts?” he said. “The prior abortion law in Massachusetts allowed for abortions after 24 weeks if the mother’s life was in danger. The only thing this new law does is allow babies who pose no threat to the life of the mother to be killed at will in the womb at nine months.
“Maura Healey, you must explain to the voters why that is an emergency,” he continued. “But at the end of the day, you will not be able to explain. Because you did not add an emergency preamble because you really think it’s an emergency. You added an emergency preamble because it was your last-ditch effort to undermine the democratic process and appease the abortion lobby to which you are beholden. It is shameful and disgraceful. You are less of a governor and more of a despot. No kings or queens, in the White House — or the State House.”
The backlash to the law came from Massachusetts’ Catholic dioceses and anti-abortion advocates, who argued the law was too permissive and defies common sense.
They rallied over the last several weeks to gather more than 100,000 signatures, more than enough to challenge the recent law. Once certified, those signatures would have halted the law’s enactment and put it to voters.
But now, under the emergency declaration, the law went into effect immediately. Voters will likely still have a chance to weigh in on the law in 2028 as long as enough signatures are certified by state officials.
Healey took the same step two years ago when opponents to new gun restrictions gathered enough signatures to put the referendum on the 2026 ballot. She drew fierce criticism from the organizers at the time, who accused her of “interfering with the democratic process.” This week, more than two-thirds of voters decided to uphold the firearms law.
“The repeal campaign can continue its work, and Massachusetts voters will have their say. If they choose to repeal the law, we will respect their decision. But families should not have to go without the care they need while that process plays out,” Healey said Friday. “Massachusetts has a proud history of leading on civil rights, including reproductive freedom. We have a responsibility to protect the rights and care available here. We cannot allow Massachusetts to move backward.”
Before the new abortion law was enacted, anyone who is 24 weeks pregnant or later is legally restricted from having an abortion unless the parent’s health or life is at risk, or there is a “grave” or “lethal” diagnosis for the fetus.
Reproductive rights advocates and providers have said that, while late-in-pregnancy abortions are rare, the current law places an undue burden on the few people who are looking to terminate a pregnancy in its third trimester. They’ve found many patients have had to leave the state to access abortion care.
They celebrated Healey’s move Friday, saying that more people had had to leave the state for abortion care in the months since the bill was signed.
“[A]t least nine Massachusetts patients facing devastating pregnancy complications have been denied compassionate abortion care here in the Commonwealth while waiting for the law to take effect,” said Kathleen Melendy, Reproductive Equity Now’s Massachusetts state director. “We are deeply grateful to Governor Healey for recognizing the urgency of this moment and taking action to put patients and personal choice first.”
Material from prior GBH News stories was included in this article.
