Abortion Access Would Remain In New Jersey If Roe v. Wade Overturned

NEW JERSEY — Abortion access is protected by state law in New Jersey, and will continue to be so even if the Supreme Court overturns Roe v. Wade.

Politico obtained an unprecedented leak from the highest court in the land — a draft majority opinion indicating five justices will overturn Roe (1973) and Planned Parenthood v. Casey (1992).

Governor Phil Murphy signed the Freedom of Reproductive Choice Act into New Jersey law earlier this year. This ensures access to abortions in New Jersey, whether or not the Supreme Court overturns the landmark cases.

"Quite frankly, while enraging, this news is hardly surprising," Murphy said during a news conference. "This is exactly why we took the step we did earlier this year in enshrining every New Jerseyan’s full reproductive rights into state law."

"When I stood with lawmakers in October 2020 to introduce the Reproductive Freedom Act, it was just six days after Donald Trump selected Amy Coney Barrett to replace Ruth Bader Ginsburg on the Supreme Court," Murphy continued. "It was as clear then as it is now that this Court, stacked with Trump appointees, could not be trusted to protect women’s reproductive rights."

Under New Jersey law, the "fundamental right of reproductive autonomy" is guaranteed in the state. All qualified health care professionals are allowed to carry out abortions, including advanced practice nurses, physician assistants and certified midwives, who were cleared to perform "early aspiration terminations of pregnancy" under new state regulations issued in December.

“This decision will have no impact on New Jersey state law or the full right to reproductive freedom under state law," Murphy said. "This remains fully intact because here in New Jersey, instead of hoping for the best we prepared ourselves for the worst.”

Murphy called for Congress to pass legislation immediately to protect reproductive rights across the U.S.

"We must ensure that every American woman has the freedom that every New Jersey woman has," Murphy said. "And if this Congress won't protect reproductive freedom, America needs to elect a Congress in November that will."

Lt. Gov. Sheila Oliver said she was "outraged and at a loss for words" in a Tweet Tuesday morning.

"For 49 years, women in this country have had the right to make their own reproductive health care decisions," she said. "We MUST fight this!"

Read More:

• Roe V. Wade Will Be Struck Down, Politico Reports, Citing Leaked Draft
• NJ Abortions Now Protected By Law; Activists Seek Accessibility
• NJ Abortion Law Sees Fierce Controversy; Here's What It Will Do

This bill passed the New Jersey Senate 23-15 and cleared the Assembly 46-22, with abstentions from five Democrats and three Republicans.

The law falls short of what some advocates had demanded, however, and doesn't include a proposal that would have required health insurance companies to cover abortions and birth control at no cost, out of pocket.

Planned Parenthood Action Fund of New Jersey said the Supreme Court leak "makes it clear that we are at a crisis moment for abortion access."

“In New Jersey, our right to abortion is guaranteed by the Freedom of Reproductive Choice Act, signed into law by Governor Murphy in January of this year," the organization said in a statement. "But rights without access are meaningless. There is much more to do in New Jersey to ensure that everyone - regardless of income, insurance coverage, or immigration status - can access the care they need to make their own personal decisions about their bodies and their lives. The court, which is now dominated by justices hostile to our freedoms, has failed this country. We are devastated, we are furious, and we will fight back."

Marie Tasy, executive director of Right to Life New Jersey, said Roe v. Wade is "an outdated, deeply flawed decision."

"As pointed out in the draft, it has no grounding in the constitutional text, history, or precedent," she said. "If the draft opinion leaked last night is the final opinion, we certainly support it. The draft was obviously released to intimidate the Justices to try to get them to change it. We urge the Court to issue the final opinion immediately to end all speculation."