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FACT CHECK: Sununu Repeats Same False Claim About Massachusetts’ Abortion Laws

During the Greater Dover, Greater Rochester, and The Falls Chambers of Commerce State of the State forum, Chris Sununu once again falsely claimed that “New York and Massachusetts have the exact same type of provisions," for abortions. The truth is both Massachusetts and New York allow abortions after 24 weeks for the general health of a mother or the viability of the fetus, and do not require mandatory ultrasounds. Governor Sununu’s cruel abortion ban would force women to carry a fetus that is not viable and mandates ultrasounds. SUNUNU’S FALSEHOOD: “Massachusetts has this. I don't see the medical community screaming at Massachusetts. New York has almost the exact same law. Liberal New York and Massachusetts have the exact same type of provisions, but no one's screaming at them.Listen here.


New York Allows Abortions After 24 Weeks If The Fetus Is Not Viable Or To Protect the Patient's Life or Health. According to the text of New York’s Reproductive Health Act, “A health care practitioner licensed, certified, or authorized under title eight of the education law, acting within his or her lawful scope of practice, may perform an abortion when, according to the practitioner's reasonable and good faith professional judgment based on the facts of the patient's case: the patient is within twenty-four weeks from the commencement of pregnancy, or there is an absence of fetal viability, or the abortion is necessary to protect the patient's life or health.” [New York State Senate, 1/9/19]

Massachusetts Allows Abortions After 24 Weeks To Preserve the Physical or Mental Health of the Patient Or If The Fetus Is Not Viable. According to section 12N of the Massachusetts general laws on abortion, “If a pregnancy has existed for 24 weeks or more, no abortion may be performed except by a physician and only if it is necessary, in the best medical judgment of the physician, to preserve the life of the patient, if it is necessary, in the best medical judgment of the physician, to preserve the patient’s physical or mental health or, in the best medical judgment of the physician, an abortion is warranted because of a lethal fetal anomaly or the fetus is incompatible with sustained life outside the uterus.” [Massachusetts General Laws]

Ultrasounds Are Not Mandatory in Massachusetts or New York. According to the Guttmacher Institute, Massachusetts and New York do not require mandatory ultrasounds. [Guttmatcher Institute, 6/1/21]

New Hampshire’s Abortion Ban Does Not Include Exceptions For Fatal Fetal Anomalies, Has Only Narrow Exceptions for the Mother’s Life, and Mandates Ultrasounds. According to the abortion ban amendment in the state budget, “Based on the state’s interest in protecting fetal life, to prohibit abortions at or after 24 weeks gestation, except in cases of a medical emergency. (b) To define “medical emergency” to encompass “significant health risks,” namely those circumstances in which a pregnant woman’s life or a major bodily function is threatened ... Except in the case of a medical emergency as specifically defined in paragraph III, no abortion shall be performed, induced, or attempted by any health care provider unless a health care provider has first made a determination of the probable gestational age of the fetus. In making such a determination, the health care provider shall conduct an obstetric ultrasound examination of the patient for the purpose of making the determination.” [New Hampshire General Court, HB2, 6/16/21]



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