Massachusetts Law Unleashes Late-Term Abortion: A Dangerous Step Beyond Roe v. Wade

The U.S. Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women’s Health Organization (2022), sparking widespread discussion about state efforts to “codify” the decision.

However, Massachusetts Governor Maura Healey signed the Prioritizing Patient Access to Care Act on August 12, which far exceeds what the Supreme Court established in Roe v. Wade (1973). The Court explicitly rejected the notion that a woman’s right to abortion was absolute. Instead, it framed abortion as a medical decision where the physician plays a central role. It held that after fetal viability, states could regulate or prohibit abortions if necessary to protect potential life—subject to exceptions for maternal health. Furthermore, the Court emphasized that the state’s interest in safeguarding potential life becomes more compelling as pregnancy advances.

Despite this framework, Massachusetts law now eliminates abortion restrictions after 24 weeks. It removes requirements for specific justifications—including preserving a patient’s life or health, lethal fetal anomalies, or grave fetal diagnoses—and replaces them with a standard based solely on the physician’s “professional judgment.” The law also ensures medical review processes cannot override this professional assessment.

This shift from “medical” to “professional” judgment represents Massachusetts’ adoption of one of the nation’s most permissive abortion regimes, with no statutory gestational limit. The new law is a policy choice that extends substantially beyond Roe v. Wade’s constitutional boundaries.

Public opinion underscores this tension. Gallup polling (2023) shows 70% of Americans believe abortion should be illegal during the last three months of pregnancy, compared with 22% supporting legality. At 24 weeks, Pew Research Center data indicates 43% favor abortion restrictions versus 22% who support legality and 18% who say it depends. Even within Democratic ranks, opinions diverge: 34% believe abortion should be legal at 24 weeks, while 29% think it should be illegal.

These statistics reveal that most Americans do not hold an absolutist view of abortion rights but rather draw a line as pregnancy advances. Organizations like Priests for Life are documenting the implications of such laws and sharing testimonies to highlight the human consequences of late-term abortions—a reality even Roe v. Wade acknowledged as problematic.