Middleboro Review 2: POLITICO Massachusetts Playbook: Abortion bill on the move

Wednesday, June 29, 2022

POLITICO Massachusetts Playbook: Abortion bill on the move

‘THE NEXT LEVEL OF FIGHT’ — House lawmakers are poised to vote today on a bill to further shield abortion seekers and providers from out-of-state charges and other liabilities. But Beacon Hill’s myriad approaches to abortion protections will need to be reconciled before anything becomes law.

The House bill, introduced four days after the Supreme Court overturned Roe v. Wade, seeks to codify part of Gov. Charlie Baker’s executive order and expand protections for both abortion and gender-affirming care. It also builds on the legal shields and emergency contraception access included in the budget amendment state Sen. Cindy Friedman shepherded through her chamber last month, but that's been stuck in negotiations since.

“We’re anticipating what the next level of fight is going to be, which is other states trying to chip away at our constitutional rights here in Massachusetts,” state Rep. Michael Day, the House chair of the Judiciary Committee, told reporters yesterday.

The legislation bars law enforcement from aiding legal action against providers and patients and the governor from complying with other states’ extradition requests. It allows providers to make their home addresses confidential and prohibits licensing boards from disciplining them.

It also mandates health insurers cover abortion and related care sans co-pays or cost-sharing — though that provision wouldn’t kick in for six months to give insurers time to adjust. Churches or “qualified church-controlled” organizations can also request exemptions.

And, in a potentially significant change to the state's abortion law, the House would permit abortions after 24 weeks of pregnancy in cases of “severe” fetal anomalies, not just “lethal” fetal anomalies — the standard set in the 2020 ROE Act.

Keep an eye on how much of this advances from the House. Senate President Karen Spilka has already indicated her chamber could make changes to the bill, saying in a statement that senators would debate a “version” of the legislation and that “there are many pathways toward enshrining the Commonwealth’s reproductive health care access into law.”

Then there's Baker, who vetoed the ROE Act over issues with two sections: expanding the “availability of later-term abortions” and permitting 16- and 17-year-olds to undergo the procedure without parental or guardian consent. Baker’s office declined to provide insight into whether he'd sign the new bill, giving the standard response that the governor will "carefully review any legislation that reaches his desk.” House lawmakers didn't say whether they had the votes to override a potential veto, as they did back in 2020.

GOOD WEDNESDAY MORNING, MASSACHUSETTS. Tips? Scoops? Email me: lkashinsky@politico.com.

TODAY — Lt. Gov. Karyn Polito makes a Community Investment Tax Credit Program announcement at 9:30 a.m. in Salem, chairs a Governor’s Council meeting at noon and participates in a FORWARD legislation event at 2:45 p.m. in Foxborough. Sens. Ed Markey and Elizabeth Warren join the Beyond Roe Coalition for a “strategy discussion” at noon at the JFK Federal Building.

Senate staffers hold a press conference to discuss their unionization efforts at 10 a.m. at the State House steps. Supporters of the tossed ballot question on app-based drivers’ classification hold a press conference at 10 a.m. near Brewer Fountain on the Boston Common.

Boston Mayor Michelle Wu attends a South Boston coffee hour at 9:30 a.m. GOP governor hopeful Geoff Diehl joins a press conference on the push to repeal the new driver’s licenses for undocumented immigrants law at 11:30 a.m. outside the Brockton RMV.

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DATELINE BEACON HILL

PANDEMIC PREP — Designate a temporary “special assistant to the governor” to work on closing vaccination gaps, particularly among Black and Latino populations. Create a mechanism for reporting at-home and rapid test results to local and state health officials. Invest more in local and regional boards of health and in contact tracing.

Those are among the 16 recommendations issued in the Covid-19 and Emergency Preparedness and Management committee's new report, the culmination of 16 oversight hearings and listening sessions on the state’s pandemic response involving everyone from local health officials up through Health and Human Services Secretary Marylou Sudders and Gov. Charlie Baker. The recommendations are also included in a bill before the Senate Ways and Means Committee.

“If the next variant comes through and is much more contagious and more harmful to folks, we could be back in a different environment” than we are now, state Rep. Bill Driscoll Jr. , who co-chairs the committee, told Playbook. “So a lot of these recommendations are preparing for that possibility — whether its inventory or supply chain or vaccines or the command system.”

The report urges the state to improve communication with local health departments, provide more detailed reporting on testing, infections, hospitalizations and deaths across demographic groups and overhaul the state’s incident command structure.

It also critiques a key aspect of the state’s vaccine rollout: mass vaccination sites. While “efficient at delivering large quantities of vaccinations," their use raised “substantial and persistent equity concerns,” lawmakers wrote in their report. Going forward, lawmakers said they see value in mass vax sites, but also want the state to rely more on local health boards and hospitals whose years-in-the-making vaccine distribution plans went underutilized in this pandemic.

The 51-page report spends as much time detailing the issues in the state’s pandemic response as it does pointing out what worked and what should be expanded going forward. That includes wastewater surveillance, which the Baker administration is already scaling up.

“That recommendation, for me, is one of the most timely,” state Sen. Jo Comerford , who co-chairs the committee with Driscoll, told Playbook. “We’ve got to nail this and vaccines for kids as we head into the fall.”

— Related: The Vaccine Equity Now! Coalition is presenting a “report card” on equity in the state’s Covid vaccine distribution at 2 p.m. outside the State House.

— “Senate plan to update forfeiture law faces opposition,” by Christian M. Wade, Eagle-Tribune: “The state Senate is poised to overhaul a controversial state law that allows police to seize money or property they suspect is part of a drug crime, but the plan is facing last-minute pushback from law enforcement agencies.”

— "Internet access lacking in many Mass. cities," by Jon Chesto, Boston Globe: "State officials have spent years expanding broadband access in rural communities. Now, their focus needs to turn to urban neighborhoods. That’s the major takeaway from a new report funded by the Massachusetts Competitive Partnership and researched in collaboration with local think tank MassINC."

THE LATEST NUMBERS

— “BA.5 variant on the rise across the region, Massachusetts reports 1,319 new COVID cases,” by Rick Sobey, Boston Herald: “State health officials on Tuesday reported 1,319 new COVID cases, with the positive test rate higher as the BA.5 variant gains steam across the region. … The BA.5 variant now represents 28.7% of new cases in the region, up from 18.9% in last week’s variant report from the CDC. The omicron BA.2.12.1 subvariant now represents 51.4% of new cases, down from 61.7% in last week’s report.”

VAX-ACHUSETTS

— “Most vaccinated healthy young adults who get COVID-19 no longer test positive for virus after five days, BU study says,” by Travis Andersen, Boston Globe.

— “Monkeypox outbreak: US boosting its vaccination strategy, handing out 296,000 vax doses in coming weeks,” by Rick Sobey, Boston Herald.

FROM THE HUB

— “Wu claims victory in school negotiations,” by Bruce Mohl, CommonWealth Magazine: “Boston Mayor Michelle Wu suggested on Tuesday that the agreement between the city and state over management of the Boston Public Schools was a victory of sorts for her. … Local control almost vanished. State Education Commissioner Jeff Riley threw up his hands on Friday, saying he was going to designate the city’s schools as underperforming because he was unable to find common ground with Wu on a handful of key issues. During a Zoom meeting on Sunday night, however, Riley and Wu struck a deal that Wu on Tuesday characterized as pretty much what she wanted all along. … Most of the members of the Board of Elementary and Secondary Education seemed content with the outcome of the negotiations between Wu and Riley. One exception was Michael Moriarty of Holyoke, a board member who favored a state takeover of the Boston Public Schools.”

— “Unionized employees ratify first contract with Museum of Fine Arts, Boston,” by Mark Shanahan, Boston Globe: “More than 200 employees of the Museum of Fine Arts, newly represented by the United Auto Workers Local 2110, have ratified their inaugural collective bargaining agreement with the MFA. The contract, the first since the employees voted to unionize in November 2020, includes increases in compensation and benefits.”

— “Boston’s Moakley Park targeted with federal anti-flood money,” by Sean Philip Cotter, Boston Herald: “A flock of politicians descended on the South Boston/Dorchester line to tout the ‘pre-disaster mitigation’ cash awarded to try to stop the water from sweeping through the soon-to-be-overhauled Moakley Park in a big flood.”

PLANES, TRAINS AND AUTOMOBILES

— “In 2015, Baker leaned in to T oversight. This crisis, his public response seems more arm’s length,” by Taylor Dolven, Boston Globe: “[Gov. Charlie Baker] didn’t shy away from talking about the MBTA’s troubles when asked Monday, at an unrelated event, saying he is ‘concerned about the recent challenges.’ But asked whether he knew about serious safety failures at the agency before federal regulators intervened, Baker didn’t give a definitive answer. He hasn’t held a news conference to say he’s taking charge; hasn’t made any ‘buck stops with me’ declaration; and hasn’t proposed sweeping accountability measures or major new investment — at least not yet. But the governor hinted that may soon change in the form of a push for more funding for the MBTA’s day-to-day expenses, calling the agency’s operating budget its ‘biggest issue.’”

— “Another agency shares blame for MBTA safety issues,” by Bruce Mohl, CommonWealth Magazine: “The Department of Public Utilities is the state agency tasked with overseeing and monitoring subway safety initiatives at the MBTA. It investigates or oversees the investigation of accidents and assists in the development and execution of so-called corrective action plans to address risky or hazardous safety situations.”

— “Poll finds support for reduced fares is widespread, but MBTA projects $52-$85M annual cost,” by Gayla Cawley, Boston Herald: “A new poll released by MassINC found widespread support for reduced fares on the T, but the switch could cost the agency between $52-$85 million annually and further impact a budget already heavily dependent on fare revenue.”

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YAHD SIGNS AND BUMPAH STICKAHS

— FIRST IN PLAYBOOK: Suffolk County Sheriff Steve Tompkins has been endorsed for reelection by Correction Officers Local 419, which his campaign says is the largest union representing workers at the sheriff’s department.

— ENDORSEMENT ALERTS: Sen. Ed Markey will endorse Worcester Mayor Joe Petty for First Worcester state senator at 2 p.m. at Cellar Bar & Grille in Northborough. Markey will then endorse Kate Donaghue for 19th Worcester state representative at 3 p.m. at the Bay State Green in Westborough.

— The Massachusetts Nurses Association has endorsed state Rep. Liz Miranda for Second Suffolk state senator.

— The Massachusetts Teachers Association has endorsed state Attorney General Maura Healey for governor.

— “With abortion care top of mind, Planned Parenthood endorses Healey, Driscoll, and Campbell,” by Samantha J. Gross, Boston Globe: “The Planned Parenthood Advocacy Fund of Massachusetts threw its weight Tuesday behind Attorney General Maura Healey for governor, Salem Mayor Kim Driscoll for lieutenant governor, and former Boston city councilor Andrea Campbell for attorney general.”

— “GOP gubernatorial hopeful Chris Doughty drops $500k on summer ad buy targeting Maura Healey, not Geoff Diehl,” by Samantha J. Gross, Boston Globe: “The 30-second spot is focused not on his primary opponent, Geoff Diehl, who polls have found to be leading the party contest, but on presumptive Democratic nominee Maura Healey. The ad, which will run on cable and on streaming platforms in the Boston and Springfield markets, focuses on the inflation squeezing Massachusetts residents…”

DAY IN COURT

— “After three decades behind bars, man released because racism tainted his murder trial,” by Shira Schoenberg, CommonWealth Magazine: “After spending 31 years in prison for murder, Corey Glover walked out of MCI-Norfolk a free man on May 4, after arguing successfully that a juror’s racism prevented him from getting a fair trial. ‘I’m not bitter, I’m better,’ Glover, now 51 years old, says in an hour-long interview over Zoom. But talk to Glover about the injustices of his case, and it’s easy to hear his anger at a system he believes is systemically unfair to the primarily Black and Brown men who get caught up in it.”

BALLOT BATTLES

— “Push to repeal new Mass. driver's license law ramps up,” by Adam Reilly, GBH News: “Opponents of a new state law that would give immigrants without permanent legal status access to Massachusetts driver's licenses began gathering signatures Tuesday to place the possible repeal of that law on the ballot this November. … Obtaining [40,120] signatures [by Aug. 24] will be a challenge for the law's opponents. But on Tuesday, as a steady stream of activists filed into the state GOP’s headquarters to pick up paperwork, two of the effort's leaders expressed confidence about their prospects.”

ROE FALLOUT

— “DA Sullivan takes stand against abortion-related prosecutions,” by Bera Dunau, Daily Hampshire Gazette: “Northwestern District Attorney David Sullivan is one of 89 officials from around the country who has signed on to a letter pledging not to pursue abortion-related prosecutions. The letter was organized by the group Fair and Just Prosecution, and its signatories also include Massachusetts Attorney General Maura Healey, Berkshire County District Attorney Andrea Harrington, Norfolk County District Attorney Michael Morrissey and Middlesex County District Attorney Marian Ryan.”

— “Critics assail pregnancy centers, which outnumber abortion clinics in Southeastern Mass.,” by Anastasia E. Lennon, New Bedford Light: “ In Southeastern Massachusetts, which has been termed an abortion desert, women must travel 30 to more than 50 miles for an abortion provider. But pregnancy centers, which critics say are run by anti-abortion groups, are closer to home — including locations in New Bedford and Fall River. … [The centers] often advertise free services, ranging from pregnancy tests and counseling to ultrasounds, prenatal care, diapers and social support. But advocates and physicians say CPCs create barriers to abortion access and can be harmful to clients through deceptive and inaccurate practices. Amid this concern and on the heels of Friday’s Supreme Court decision to overturn Roe v. Wade, the anti-abortion organization Massachusetts Citizens for Life said it plans to help establish an ‘expanded network of services, suppliers and support resources’ on a ‘wider, more comprehensive scale than is currently available in Massachusetts.’”

— "4 ways overturning Roe affects New England politics," by James Pindell, Boston Globe: "New England has a number of contested election contests this year, including a race for governor in all six states. And abortion could be a factor in some of the major ones."

— “Supreme Court ‘illegitimate’, ‘out of control’, Elizabeth Warren and Ed Markey say in Boston,” by Sean Philip Cotter, Boston Herald: “U.S. Sens. Elizabeth Warren and Ed Markey further ratcheted up the rhetoric around the U.S. Supreme Court, slamming the body as ‘illegitimate’ and ‘out of control.’"

FROM THE 413

— “Amherst Town Council paves way for $2 million reparations bank,” by Jim Russell, Springfield Republican: “By a 10-2 vote at Monday’s meeting, the Town Council paved the way for the municipality to create a reparations bank totaling $2 million. … The town of Amherst’s annual contribution cannot exceed $205,000 per year, meaning it will take about 10 years for the bank to reach its maximum, according to the council.”

— “Area veterans happy at reprieve for Leeds VA, but urge continued vigilance,” by Dusty Christensen and Domenic Poli, Daily Hampshire Gazette: “Northampton’s VA medical center will not close and retired warriors in need of services will not have to drive to Vermont, Connecticut or elsewhere in the state. … But while the group of senators and others celebrate the development as a victory, some local veteran leaders noted that this is just the latest attempt to privatize or slash VA care.”

— “Saying it's no time for 'pettiness,' a North Adams city councilor is proposing a code of conduct,” by Greta Jochem, Berkshire Eagle: “After ‘open and public discussions about unprofessional and toxic behavior,’ City Councilor Ashley Shade proposed a code of conduct for elected and appointed city officials.”

HEARD ‘ROUND THE BUBBLAH

TRANSITIONS — Marina Chafa will be comms director for Rep. Cori Bush (D-Mo.). She most recently has been comms assistant for Sen. Ed Markey.

— Katie Beirne Fallon has been named the head of communications, public affairs and policy at Fidelity Investments, based in D.C.

— Gloucester Daily Times managing editor Andrea Holbrook has been named the paper’s editor, succeeding outgoing editor Dave Olson.

HAPPY BIRTHDAY — to Amish Shah, Jason Ostrander, Katrina Gaddis, Rep. Katherine Clark's campaign manager, and to state Rep. Liz Miranda.

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