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
Maine Gov. Janet Mills (D) is expected to sign a bill passed on Thursday that allows post-viability abortions when deemed medically necessary.
The bill was introduced in April with Mills' backing and passed in the House 73-69 on June 27 and in the Senate by a margin of 20-11 on Thursday.
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"After viability an abortion may be performed only when it is necessary in the professional judgment of a [licensed] physician," reads the legislation.
Although abortion in Maine must be performed by a state-licensed healthcare professional, the bill also removes criminal penalties for abortion providers who are not licensed by the state.
The Republican minority in both chambers of the legislature put up a significant and emotional fight against the act, saying that the legislation grants too much authority to doctors in determining the appropriateness of the procedure. Some Republican lawmakers also unsuccessfully suggested revisions to the bill, such as adding language requiring a fatal diagnosis for the mother or child.
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Abortion in Maine is currently legal for any reason until the legal standard of fetal viability, which is typically approximately 24 weeks gestation, but scientific advances have made this language questionable in the eyes of anti-abortion advocates. The new law would allow abortions at any time if approved and facilitated by a doctor.
In the United States, 4,832 abortions in 2020 were performed with a gestational age of greater than 21 weeks, accounting for nearly 1% of all abortions in the country, according to the Centers for Disease Control and Prevention. Nationwide, 7% of abortions, or 31,882, occur after 14 weeks gestation. In Maine, 95 abortions, or 5% of the total in the state in 2020, were after 14 weeks of gestation