Eight Months On, Josh Gottheimer Has Yet to Advance the Abortion Protection Bill He Promised.

A House Democrat is campaigning for the position of New Jersey governor amid a competitive primary landscape.

Eight Months On, Josh Gottheimer Has Yet to Advance the Abortion Protection Bill He Promised.
In April, Democratic Rep. Josh Gottheimer hosted a press conference outside a Planned Parenthood office in northern New Jersey to unveil new legislation aimed at protecting women.

Gottheimer, who was widely expected to run for governor, stated that the bill was a response to efforts by anti-abortion groups to utilize the 151-year-old Comstock Act to prohibit the mailing of mifepristone, a medication used to induce abortions and treat miscarriages.

“Let’s be clear: without access to safe and legal reproductive health care, women will die,” Gottheimer emphasized at the time.

However, eight months later, despite having officially launched his gubernatorial campaign last month, Gottheimer has yet to introduce the legislation, named the Protecting Personal, Private Medical Decisions Act. The draft shared with PMG is actually a non-binding resolution, which serves as an expression of sentiment without legal authority.

Gottheimer’s office explained to PMG that the delay stems from the complexities surrounding ongoing court battles relating to abortion access.

“Josh has been working closely with legislative counsel on technical aspects of this legislation, and plans to introduce it when it’s fully ready,” Gottheimer Communications Director Zachary Florman stated.

The failure to introduce the bill after publicly announcing its forthcoming introduction occurs amidst a competitive gubernatorial race featuring six declared Democrats. While Gottheimer has been a leader among moderates in Washington—which could be beneficial in a general election—he faces the challenge of appealing to a more liberal Democratic base.

Additionally, Gottheimer is navigating the repercussions of a viral incident involving a fabricated screenshot claiming to depict his Spotify “Wrapped” for 2024, showing that his top five songs were by Bruce Springsteen. This revelation resulted in widespread ridicule.

Despite being one of Congress’ most active stock traders, he had committed in 2022 to place his assets in a blind trust. However, this has not yet taken place; Gottheimer’s office indicated that they submitted proposals for a blind trust to the House Ethics Committee long ago, but approval has been delayed.

Gottheimer has mentioned his “introduction” of the abortion-related bill several times in fundraising emails, highlighting his “new legislation to stand up for a woman’s right to choose — including protecting access” as he promotes his upcoming appearances on social media.

“When I first ran for Congress, I ran against an anti-choice extremist with a promise to always defend reproductive freedom,” read a fundraising email from Gottheimer’s gubernatorial campaign this month. “I’ve introduced legislation like the Protecting Personal, Private Medical Decisions Act to condemn restrictions on reproductive health care.”

In a September voter guide on NJ Spotlight News, he wrote, “I have introduced two pieces of legislation, the ‘Freedom to Decide Act’ and the ‘Protecting Personal, Private Medical Decisions Act,’ both of which protect access to Mifepristone and support telemedicine across state lines, so doctors can prescribe it wherever women are in need of care.”

The April 9 press conference in Hackensack attracted significant attention, securing coverage on most New York City television news stations, and enhancing his credentials on abortion rights ahead of the anticipated gubernatorial primary.

“Josh has also helped introduce other legislation protecting Mifepristone, including the Freedom to Decide Act,” Florman added. “Because of what’s on the line for women’s health care, and the ongoing court battles, we want to make sure we get all choice-related legislation exactly right. We can never do enough to protect reproductive freedom, and Josh has a long record of standing with pro-choice groups to take on the radical right in defense of reproductive freedom.”

The “Freedom to Decide Act,” another non-binding concurrent resolution, was introduced by Gottheimer and two colleagues on April 13.

Gottheimer has a history of involvement in abortion-related issues, including a 2023 effort to close down anti-abortion “crisis pregnancy centers” that he claims misrepresent themselves as legitimate health care facilities. Since taking office, he has co-sponsored numerous bills and resolutions aimed at protecting and expanding access to abortion and reproductive care.

The urgency behind the push to protect mifepristone likely diminished after the Supreme Court dismissed a lawsuit seeking to restrict access to the drug in June; however, the decision was procedural and did not delve into the case's merits. Some pro-abortion rights advocates worry that attempting to repeal parts of the Comstock Act could elevate its significance and jeopardize the Biden administration’s legal argument asserting it is unenforceable.

A spokesperson for Planned Parenthood New Jersey did not return a request for comment.

Rohan Mehta for TROIB News