Healey signs emergency preamble to block suspension of Massachusetts abortion law
Move forces the law easing later-pregnancy abortion restrictions to take effect immediately, shielding it from suspension for two years; repeal campaign says it has enough signatures for a 2028 ballot question
Gov. Maura Healey signed an emergency preamble on Friday to force Massachusetts' law removing barriers to abortions later in pregnancy to take effect immediately, blocking efforts to suspend the statute while opponents move a repeal question toward the 2028 ballot.
The emergency preamble, filed with Secretary of State William Galvin's office on Friday afternoon, prevents the law from any suspension attempts over the next two years, a spokesperson for the governor's office confirmed. The law was set to take effect on Sunday, Nov. 9, according to the House clerk's office.
The law, based on bills that raced through the Legislature before the end of scheduled formal sessions in July, removes four criteria from the statute that allowed abortions at or beyond 24 weeks in life-threatening situations for the patient or fetus. Instead, it defers to providers' medical judgement on whether to perform an abortion.
Healey wrote that "any further delay in implementing the Act would prolong uncertainty for patients, families, physicians and health care institutions, and risk further harm to the health and safety of women in Massachusetts." In a Substack post on Friday afternoon, she said "at least nine patients" have been denied abortion care in Massachusetts since the law was signed in August, and said that "two more years of women being denied care" is "not a reality I can accept." She added: "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."
Galvin's office is processing petitions from a group seeking a repeal referendum in 2028. Sam Miele, chair of the Compassionate Care Coalition, led by the Massachusetts Citizens for Life and Massachusetts Family Action, said the group dropped off 113,477 signatures certified by local clerks with Galvin's office on Friday, surpassing the 37,289 signatures needed to make the 2028 ballot and the 49,719 signatures needed to suspend the law in the interim.
Miele criticised Healey's action, saying: "The prior abortion law in Massachusetts allowed 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. Governor Healey, you must explain to the voters why that is an emergency."
Supporters welcomed the move. Kathleen Melendy, Reproductive Equity Now's Massachusetts State Director, said: "Since the Prioritizing Patient Access to Care Act was signed into law in August, at 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. Today, Governor Healey took decisive action to address this public health emergency, removing unnecessary delays and ensuring patients can access the care they need when they need it."
Dr. Rebecca Brendel, president of the Massachusetts Medical Society, applauded the governor's decision, saying: “The MMS remains firmly committed to protecting clinical autonomy and access to comprehensive, equitable reproductive health care. Physicians bear the responsibility to make complex, individualized clinical treatment recommendations based on scientific evidence, established standards of care, and circumstances unique to our patients. Decisions regarding abortion care later in pregnancy should be no different.”
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Signatures submitted for abortion law repeal petition vs. thresholds
signatures
Signatures certified by local clerks; thresholds set by state law. Source: WBUR News
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Analysis
Why This Matters
The law takes effect immediately, ending the interim period in which Healey says at least nine patients were denied abortion care while waiting for it to begin.
Healey's emergency preamble shields the statute from the suspension mechanism for two years, meaning opponents' remaining path is a 2028 repeal vote.
The move tests the boundary between executive emergency action and the state's citizen-initiated petition and referendum process.
Background
Massachusetts previously allowed abortions at or beyond 24 weeks only in life-threatening situations for the patient or fetus. The new act removes those criteria and defers to providers' medical judgement. Under state law, a statute can be suspended while opponents collect signatures toward a referendum, but an emergency preamble makes a law take effect immediately and prevents suspension. Healey signed the law in August and has said patients have been denied care since.
Key Perspectives
Gov. Maura Healey: says further delay would prolong uncertainty and risk harm to patients, will respect voters if they choose to repeal the law, but families should not go without care while the process plays out.
Sam Miele, Compassionate Care Coalition: says the prior law already protected mothers whose lives were in danger, and the new law allows babies who pose no threat to the mother's life to be "killed at will in the womb at nine months", challenging Healey to explain why that is an emergency.
Reproductive Equity Now (Kathleen Melendy): says at least nine patients have been denied care and Healey took "decisive action" to address a public health emergency.
Massachusetts Medical Society (Dr. Rebecca Brendel): applauds the decision, saying abortion care later in pregnancy should follow physicians' clinical judgement like other treatment decisions.
What to Watch
Whether Galvin's office certifies the 113,477 signatures submitted Friday and whether the repeal question clears the threshold to reach the 2028 ballot.
How providers apply the new deferral-to-medical-judgement standard now that the law is in effect.
The repeal campaign's next steps in the two-year window during which the law cannot be suspended.
12 claims in this story checked against 1 source: 12 supported.
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SupportedHealey signed an emergency preamble to block efforts to suspend the abortion law.WBUR News: “Gov. Maura Healey signed an emergency preamble Friday to force a law removing barriers to abortions later in pregnancy to take effect immediately, a move that blocks efforts to suspend the statute”
SupportedThe preamble makes the law take effect immediately and prevents suspension attempts for two years.WBUR News: “prevents the law from any suspension attempts over the next two years, a spokesperson for the governor's office confirmed.”
SupportedThe law was set to take effect Sunday, Nov. 9.WBUR News: “The law was set to take effect on Sunday, Nov. 9, according to the House clerk's office.”
SupportedThe law removes four criteria for abortions at or beyond 24 weeks in life-threatening situations and defers to providers’ medical judgment.WBUR News: “removes four criteria from the statute that allowed abortions at or beyond 24 weeks in life-threatening situations for the patient or fetus. Instead, the law defers to providers' medical judgement for whether to perform an abortion.”
SupportedHealey wrote that further delay would prolong uncertainty and risk further harm to women’s health and safety.WBUR News: “any further delay in implementing the Act would prolong uncertainty for patients, families, physicians and health care institutions, and risk further harm to the health and safety of women in Massachusetts.”
SupportedHealey said in a Substack post that at least nine patients had been denied abortion care in Massachusetts since the law was signed in August.WBUR News: “Healey said "at least nine patients" have been denied abortion care in Massachusetts since the law was signed in August”
SupportedHealey said that “two more years of women being denied care” was “not a reality I can accept.”WBUR News: “said that "two more years of women being denied care" is "not a reality I can accept."”
SupportedGalvin’s office is processing petitions from a group seeking a repeal referendum in 2028.WBUR News: “Galvin's office is processing petitions from a group seeking to put a repeal referendum before voters in 2028.”
SupportedMiele said his group delivered 113,477 certified signatures, exceeding the thresholds for a 2028 ballot question and interim suspension.WBUR News: “Sam Miele, chair of the Compassionate Care Coalition, led by the Massachusetts Citizens for Life and Massachusetts Family Action, said the group dropped off 113,477 signatures certified by local clerks with Galvin's office on Friday. That surpasses the 37,289 signatures needed to make the 2028 ballot and 49,719 signatures to suspend the law in the interim.”
SupportedMiele said the new law allows abortions at nine months when the baby poses no threat to the mother’s life.WBUR News: “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.”
SupportedMelendy said the law had left at least nine patients with pregnancy complications denied care while it awaited effect, and that Healey’s action would ensure access to care.WBUR News: “Today, Governor Healey took decisive action to address this public health emergency, removing unnecessary delays and ensuring patients can access the care they need when they need it.”
SupportedBrendel said the Massachusetts Medical Society remained committed to clinical autonomy and access to comprehensive, equitable reproductive health care.WBUR News: “The MMS remains firmly committed to protecting clinical autonomy and access to comprehensive, equitable reproductive health care,”