Massachusetts Senate President Karen Spilka explains why she thinks abortion proposal can’t wait until after fiscal 2021 budget

Senate President Karen Spilka has heard the criticisms from Republicans arguing that she and House Speaker Robert DeLeo cautioned against new, major policy proposals when extending the session past July 31.

Still, she made an exception for a proposal expanding abortion protections. She said she backed the ROE Act amendment, filed by Sen. Harriette Chandler, because they’re trying to safeguard the state against a possible reversal in Roe v. Wade no one could have predicted four months ago.

No one could have predicted Associate Justice Ruth Bader Ginsberg would have died, Spilka told MassLive. Nor could anyone have predicted President Donald Trump would successfully nominate Amy Coney Barrett, a staunch opponent of abortion.

“Nobody knew this, and I do believe as legislators we need to be fluid to some extent and respond to the moment,” she said.

The Senate ultimately approved the abortion proposal as part of the nearly $46 billion budget. Thirty-three senators voted for the proposal, while seven voted against. Republican Sens. Ryan Fattman, Patrick O’Connor, Dean Tran and Tarr voted no. Democratic Sens. Michael Rush, Walter Timilty and John Velis also opposed the amendment.

The legislation, named after a bill called the ROE Act, allows abortions after 24 weeks in certain cases and allows pregnant people age 16 or older to get abortions without consent from their parents or judicial approval. The House passed a similar provision during budget negotiations last week.

Efforts to expand abortion protections as part of the fiscal 2021 budget have riled Massachusetts Republicans, who reminded Democratic leaders they said the extended session would focus on the budget, conference committee and any unprecedented COVID-19 matters.

House Republicans blasted DeLeo over the abortion proposal, but they ultimately failed to stop the abortion protections from getting added to the $46 billion House budget plan.

The move sparked criticism from Gov. Charlie Baker, a Republican.

“I do share some of the unhappiness that was raised by a number of members of the Republican Party that putting policy in the budget was something that both leaders in the House and Senate said they would not do,” Baker told reporters at a recent news conference. “It’s pretty hard to argue this isn’t a major policy initiative that is not in the budget.”

Senate Republicans made similar criticisms when the Senate reviewed an amendment. Senate Minority Leader Bruce Tarr questioned why the Senate was trying to move forward with legislation that had not been favorably reported out of committee.

“Our body has been on record and has shown consensus on being able to achieve progress on issues relative to reproductive rights,” Tarr said, referring to a 2018 bill removing or clarifying outdated reproductive health statutes, “but now we are about to depart from the incredible focus that we have had in this legislative session since the declaration of the public health emergency ... We are also going to depart from something else, which is the respect for the committee process.”

Sen. Patrick O’Connor issued his own proposal to limit the parameters of Chandler’s amendment, including establishing a commission to study abortion rights for teenagers over 18 years rather than expanding the law. It failed.

“We should pause with the under-18 language because we don’t know the impacts of it,” the Weymouth Republican said. “At the same time we do that commission, we expand access to judicial bypass across the state and we fix the issues in it.”

Other amendments related to the abortion protections filed by Tarr and Sen. Dean Tran, a Fitchburg Republican, also failed.

The ROE Act proposal in the budget is a preemptive attempt to protect Massachusetts against a reversal of the landmark Supreme Court abortion ruling made nearly four decades ago. Democratic leaders say the Supreme Court is better positioned than ever before to overturn the ruling now that it has a conservative majority.

“There are 17 cases on the doorstep of the Supreme Court waiting to be heard to overturn parts or all of Roe v. Wade. They’re just waiting. We’re not waiting for a rainy day,” said Chandler, Senate president emeritus, in a phone interview. “I think the rain is here, and I think we have to prepare for that.”

Sen. Rebecca Rausch, a Needham Democrat, said she’s never known a time when abortion has been illegal and fears the return to back-alley abortions if the Supreme Court overturns the ruling.

“There is a risk that when Roe falls, all of the Massachusetts pieces also fall. Should that happen, all that our constituents will have left is whatever exists on our statutory books,” she told lawmakers during session. “Current statutory law in Massachusetts governing abortion is archaic, medically inaccurate, politically charged and designed to discourage and shame pregnant people seeking abortion care.”

The Senate plans to review the remaining proposals and pass a budget plan by the end of the day. The House and Senate would need to reconcile their differences before sending a finalized budget to the governor’s desk.

When asked about the abortion proposals, Baker noted that he had worked together with the Legislature to clarify state statutes and remove outdated language about reproductive rights through the NASTY Women Act of 2018. He expressed concerns over the addition of the abortion amendment, but he held off on saying he would veto that portion of a budget if it landed on his desk.

If he did, Chandler noted both the House and Senate passed the abortion proposals with a supermajority of support. She’s confident lawmakers could overcome a governor’s veto, but she hopes that’s not necessary.

“The governor really has supported a woman’s right to choose,” the Worcester Democrat said. “I have great faith in this governor because he understands health care and, frankly, abortion is health care.”

Related Content:

Senate President Karen Spilka expects to see abortion protections tacked onto nearly $46 billion fiscal 2021 budget

Massachusetts House approves $46 billion budget with abortion rights legislation attached

Addition of abortion proposal in state budget draws criticism from Gov. Charlie Baker for mixing policy with budget

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