Josh Gottheimer pledged to deliver an abortion protection bill. After eight months, it remains unintroduced.
A House Democrat is competing for the governorship of New Jersey in a highly competitive primary race.
Gottheimer, who was anticipated to run for governor, explained that the bill was a reaction to anti-abortion groups aiming to utilize the 151-year-old Comstock Act to prohibit the mailing of mifepristone, a medication used for abortions and treating miscarriages.
“Let’s be clear: without access to safe and legal reproductive health care, women will die,” Gottheimer stated during the event.
However, eight months later, the congressman, who officially launched his gubernatorial campaign last month, has yet to introduce the Protecting Personal, Private Medical Decisions Act. The draft provided to PMG by his office is a non-binding resolution—essentially a statement of intent without legal authority.
Gottheimer’s office explained to PMG that the delay stemmed from the complexities surrounding ongoing court cases about 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,” said Gottheimer Communications Director Zachary Florman in a statement.
The delay in introducing the bill comes amid a highly competitive gubernatorial race featuring six announced Democratic candidates. As a leader of moderates in Washington, Gottheimer's centrist position may benefit him in the general election for governor, but he faces the challenge of appealing to more liberal constituents.
Additionally, Gottheimer is dealing with the repercussions of a viral incident involving a faux screenshot of his Spotify “Wrapped” for 2024, showcasing supposed favorite tracks by Bruce Springsteen. The revelation that the image was fabricated led to significant mockery.
Gottheimer, known for his active stock trading, had pledged in 2022 to establish a blind trust for his assets. However, this has not yet materialized, although his office has stated that they submitted proposals to the House Ethics Committee, which they claim has delayed approval.
He has frequently referenced his “introduction” of the abortion-related bill in fundraising emails and touted his “new legislation to stand up for a woman’s right to choose — including protecting access” while promoting his public 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,” a recent Gottheimer gubernatorial campaign fundraising email stated. “I’ve introduced legislation like the Protecting Personal, Private Medical Decisions Act to condemn restrictions on reproductive health care.”
In a September voter guide for NJ Spotlight News, Gottheimer noted: “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 generated significant regional interest and garnered coverage from major New York City television news outlets. This media attention helped enhance his credentials as a pro-abortion rights advocate in anticipation of his gubernatorial primary campaign.
“Josh has also helped introduce other legislation protecting Mifepristone, including the Freedom to Decide Act,” Florman remarked. “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,” a concurrent resolution that is also non-binding, was introduced by Gottheimer along with two other lawmakers on April 13.
Gottheimer has established a solid track record on abortion issues, including a 2023 campaign to close down anti-abortion “crisis pregnancy centers” that he contends misrepresent themselves as legitimate healthcare facilities. Since taking office, he has co-sponsored numerous bills and resolutions aimed at protecting and expanding abortion access and reproductive care.
The urgency of the push to safeguard mifepristone may have lessened following the Supreme Court's June decision to dismiss a lawsuit that sought to limit access to the drug. This decision was procedural and did not delve into the case's substantive issues. Some advocates for abortion rights have raised concerns that attempts to amend sections of the Comstock Act could inadvertently elevate its significance and weaken the Biden administration's argument for its unenforceability.
A spokesperson for Planned Parenthood New Jersey declined to comment when contacted.
Max Fischer contributed to this report for TROIB News