Massachusetts’ new abortion bill that addresses access to late-term abortions was signed into law Monday. The law shifts the authority for late-term abortion decisions from the government to physicians — but that’s not how it’s being reported across the media landscape.
When Gov. Maura Healey signed the bill, headlines across the country spurred debate and conversation online, with some scrutinizing the law while others praised it. But the debate appears to be based on some misleading information.
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Here’s the picture the media painted
On Monday night, Fox News shared an article about the law with the headline, “Dem Gov Maura Healey signs sweeping Massachusetts bill allowing abortions up to birth.” Some may read that headline and think the law allows women to have abortions even in their labor-and-delivery rooms. But that’s not what the law states.
Meanwhile, The 19th News, a reader-supported nonprofit news organization that focuses on gender issues, headlined its story, “Massachusetts expands abortion access to any point during pregnancy.” That headline, again, may give off the idea that women can choose to get an abortion whenever they want.
Other news organizations give a bit more clarification.
The Boston Globe reported on the law, writing “‘Abortion is on the ballot’: Healey signs bill to widen abortion access amid reelection bid.” It emphasizes widening access, without implying women can simply choose to have an abortion late-term.
And before the bill was signed into law, The Associated Press wrote that “Massachusetts is close to giving doctors the final word on whether to perform late abortions.” That headline, again, provides a bit more clarity on what the law states.
Here’s what the law actually says
The law removes a statutory limit on abortions — meaning the government no longer places a time limit on when women can have an abortion. So, technically, abortions are allowed up until birth, as Fox News’ headline said.
That’s not to say, however, that any woman in Massachusetts can get a late-term abortion simply because she desires one — an important caveat.
In general terms, the old law permitted late-term abortions only under a narrow four-part framework. In general, that allowed abortions when necessary to preserve a pregnant woman’s life or mental health or in cases involving a lethal or severe diagnosis for the baby.
The new law removes that framework entirely and allows for late-term abortions upon approval from a physician. Basically, the law changes decision authority from the government to medical professionals.
When signing the bill, Healey said health care decisions should be made “between women and families and their doctors, not politicians.”
Massachusetts isn’t alone
And despite the controversy surrounding the new law in Massachusetts, the state isn’t the first to allow late-term abortions with physician approval.
Alaska, Colorado, Maryland, Michigan, Minnesota, New Jersey, New Mexico, Oregon, Vermont and Washington, D.C., have no statutory gestational limit.
Some of those states made the decision before Roe V. Wade was overturned, while others made it after the Supreme Court allowed states to regulate abortion within their borders.
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