In April, Democratic Rep. Josh Gottheimer called a press conference in front of a Planned Parenthood office in northern New Jersey to announce new legislation designed to protect women.
Gottheimer, who was widely known to be planning a run for governor, said the bill was in response to a push by anti-abortion groups to use the 151-year-old Comstock Act to ban the mailing of mifepristone — a drug used to induce abortions and treat miscarriages.
“Let’s be clear: without access to safe and legal reproductive health care, women will die,” Gottheimer said at the time.
But eight months later, the congressmember, who formally launched his gubernatorial campaign last month, has still not introduced the legislation, the Protecting Personal, Private Medical Decisions Act. And the draft that his office provided to POLITICO is a non-binding resolution — an expression of sentiment that has no force of law.
Gottheimer’s office told POLITICO that the delay is due to the complexity of the court fights around 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 said in a statement.
The fact that Gottheimer has yet to introduce the bill after publicly saying he has comes amid an intensifying gubernatorial race with six declared Democrats. He’s been a leader of moderates in Washington and, while it will be an advantage in a general election for governor, he’s coming up against more liberal Democrats and will need to appeal to a more progressive voting bloc.
It also comes as Gottheimer grapples with the fallout of a viral scandal over his publishing a fake screenshot purporting to be his Spotify “Wrapped” for 2024 — a summary of his most-listened to songs. His fabricated “Wrapped” showed his top five songs as hits from Bruce Springsteen. But his admission that it was faked led to widespread mockery.
Gottheimer — one of Congress’ most active stock traders — also promised in 2022 to put his assets in a blind trust. That has yet to happen, though Gottheimer’s office said they long ago submitted blind trust proposals to the House Ethics Committee, which they said has repeatedly delayed approving it.
Gottheimer touted his “introduction” of the abortion-related bill several times in fundraising emails and referred to his “new legislation to stand up for a woman’s right to choose — including protecting access” while promoting 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,” a Gottheimer gubernatorial campaign fundraising email from this month said. “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, Gottheimer 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 attention across the region, earning him coverage on most New York City television news stations. That helped him burnish his pro-abortion rights bona fides ahead of his expected run in the Democratic primary for governor.
“Josh has also helped introduce other legislation protecting Mifepristone, including the Freedom to Decide Act,” Florman said. “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 would also be non-binding — was introduced by Gottheimer along with two other members on April 13.
Gottheimer does have a long record on other abortion issues, including a 2023 campaign to shut down anti-abortion “crisis pregnancy centers” that he alleges pose as legitimate health care centers. And he has co-sponsored dozens of bills and resolutions aimed at protecting or expanding access to abortion and reproductive care since taking office.
The push to protect mifepristone likely lost some urgency following the Supreme Court’s June decision to throw out a lawsuit seeking to roll back access to the drug, though the decision was procedural and did not address the merits of the case. Some pro-abortion rights advocates have expressed concerns that attempting to repeal parts of the Comstock Act could raise its profile and undermine the Biden administration’s legal argument that it’s unenforceable.
A spokesperson Planned Parenthood New Jersey did not respond to a phone call seeking comment.
