Congress
Josh Gottheimer promised an abortion protection bill. Eight months later, he hasn’t moved it.
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 Blue Light News is a non-binding resolution — an expression of sentiment that has no force of law.
Gottheimer’s office told Blue Light News 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.
Congress
Senate to confirm Jay Clayton as soon as Thursday
The Senate could vote as soon as Thursday on Jay Clayton’s nomination to serve as director of national intelligence — a lightning speed pace that will necessitate buy-in from all 100 senators.
Confirming Clayton could help shore up enough votes from Democrats to extend a government surveillance program that expired last Friday over opposition to Trump’s pick for acting director, Bill Pulte.
“He will come out of the committee Thursday, at least hopefully, and then if we get consent, we can move,” Senate Majority Leader John Thune said in an interview Monday about Clayton, who Trump only nominated for the job late last week.
Democrats “ought to be happy with Clayton,” said Thune, adding that he’s a “good” and “solid” pick.
Sen. Mark Warner of Virginia, the top Democrat on the Senate Intelligence Committee, floated Sunday to CBS News that Clayton could be confirmed this week if every senator cooperates.
Senate Intelligence will hold a hearing Wednesday on Clayton’s nomination. If every member of the panel agrees, he could then get a committee vote Thursday. Confirming Clayton on the Senate floor hours later would require getting agreement from every senator to speed up the process. Opposition from a single member will punt Clayton’s confirmation to next week.
Confirming Clayton Thursday would, crucially, limit — and potentially circumvent — Pulte from becoming acting director of national intelligence, which Trump has slated to take place Friday, June 19.
The president’s decision to put Pulte in charge after Tulsi Gabbard’s departure at the helm of the Office of National Intelligence sparked bipartisan pushback, with Democrats saying they will withhold support for extending Section 702 of the Foreign Intelligence Surveillance Act while Pulte is in the acting role. Congress allowed the key government spy authority lapse last Friday without a deal.
Trump threw another curveball into a FISA extension over the weekend when he posted on social media that he was against reauthorizing Section 702 unless a GOP elections bill is attached. That bill, known as the SAVE America Act, does not have the votes to get through Congress.
Thune threw cold water Monday on tying the two issues together.
“Yeah, he’s, as you know, passionate about getting that done and wants to use every opportunity to take a shot at it,” Thune said of Trump and his desire to enact the elections bill.
But, Thune said, “we can’t get FISA done” if the policies are linked.
Congress
Senate eyes vote on updated housing affordability legislation
Senate Majority Leader John Thune is planning to put an updated version of a bipartisan housing affordability bill on the Senate floor for a vote this week, according to two people familiar with the bill dynamics and two Senate Democratic aides granted anonymity to discuss ongoing plans.
The version of the 21st Century ROAD to Housing Act that the Senate will vote on will include most of the House-passed language, including a provision restricting large institutional investors from buying single-family homes. The legislation would also add back Senate bills that were dropped from the House package that passed last month, the two people and the two aides said.
The Senate legislation comes after talks between Thune, Senate Banking Chair Tim Scott (R-S.C.) and ranking member Elizabeth Warren (D-Mass.). The updated Senate package was also discussed with the House and the White House, the aides said.
Still, it’s unclear if House leadership and the White House have signed off on the legislation.
The Senate and House have gone back and forth for months on language for a housing affordability bill as lawmakers on both sides look for a win to tout during a midterm election season dominated by cost-of-living issues.
Both chambers overwhelmingly passed their own versions of the housing bill — the Senate 89-10 in March, and the House 396-13 in May. The White House supported the Senate-passed bill and then backed the House-passed bill after it retained most of the Senate’s language on reining in private equity and other large Wall Street investors in the housing market — a top priority for President Donald Trump.
The Senate’s updated legislation would remove two of the House’s community banking deregulation bills due to budget scoring concerns, said two of the people familiar: two bills that would modify the Federal Deposit Insurance Act around failed insured depository institutions. The Senate bill also added back a provision to authorize the Community Development Block Grant Disaster Recovery program for seven years, as opposed to a permanent reauthorization in the Senate’s March legislation.
The Senate additionally re-inserted several upper-chamber priorities, including the BUILD NOW Act, which would incentivize communities to build more housing through the Community Development Block Grant program; the Rental Assistance Demonstration bill, which would raise the cap on housing authorities to convert voucher-based assistance; the Moving to Work bill, which would aim to add a new cohort of MTW public housing agencies; and the VALID Act, which would require Federal Housing Administration mortgage disclosures to include cost comparison information for veterans.
The package retains core wins for the leaders of both the Senate Banking and House Financial Services committees and their members and reflects input from all four leaders of those panels, one of the people familiar said.
Congress
Capitol Agenda: The new faces of the Freedom Caucus
The House Freedom Caucus is suddenly confronting an unsettled future after more than a decade at the center of GOP politics on Capitol Hill.
Some of its most prominent members are leaving Congress next year after seeking higher office, including former chair Rep. Andy Biggs and several media-friendly voices like Reps. Chip Roy, Byron Donalds and Ralph Norman.
Meanwhile, the group’s current chair, Rep. Andy Harris, is term-limited.
Who will step in to fill the shuffling ranks and maintain the caucus’ role as a hard-right vanguard is very much in question — especially as the group faces a potential shift to a Democratic House majority, which has historically made them less pivotal, and the looming transition to a Republican Party without a President Donald Trump.
The group — which is no stranger to reinventing itself — has a number of relatively unknown members ready to become the new faces of the hard right in the House.
— ERIC BURLISON: The second-term Missouri congressman and current HFC board member said he is considering running to be the next chair.
Last summer he was a vocal member demanding the full release of the Jeffrey Epstein files and has become a leading Republican pushing for more information on UFOs.
— ANDREW CLYDE: Another board member, Clyde has amassed significant power by Freedom Caucus standards by winning seats on the Appropriations and Budget panels.
He said in an interview he had not yet thought about running for chair but noted that “you don’t have to be the chairman to have outsized influence.”
— BRANDON GILL: This Texas freshman, the youngest sitting House Republican, is already seen as a rising star in the House GOP.
He’s made a name for himself through provocative social media posts and splashy legislative moves, such as seeking to impeach James Boasberg, the federal judge who ruled against some of Trump’s deportations last year.
Gill has said he wants to emulate Rep. Jim Jordan, the only founding member of the caucus still serving in the chamber.
— CLAY HIGGINS: Another board member and a more senior member of the group, Higgins said he has not ruled out seeking the chair post but is also “not interested in campaigning” for the job.
Higgins was the only lawmaker to oppose the release of the Epstein files. He said in an interview he’s hoping the group focuses more on policymaking in its next iteration rather than obstructing leadership prerogatives.
— ANDY OGLES: Inside the HFC, Ogles has emerged as a serious force over two terms, with his name floated for chair even before the end of his first term.
He also did not rule out running for chair or another caucus leadership position in a recent interview.
What else we’re watching:
— THUNE RACES TO BREAK SPY POWERS LOGJAM: Senate Majority Leader John Thune is racing to try to confirm the next director of national intelligence and end a stand off over extending a key surveillance power before members break for two weeks. The Senate Intelligence Committee will hold a hearing for Jay Clayton Wednesday — less than a week after the chamber formally received the nomination from the White House. Getting Clayton confirmed is a crucial step to unlocking Congress’ willingness to renew Section 702 of the Foreign Intelligence Surveillance Act.
— ANTI-FRAUD OPTIONS FOR RECONCILIATION 3.0: Republican leaders say proposals to crack down on fraud in federal safety net programs could be included in another reconciliation package this year. Turns out, a menu of options is developing in plain sight: Just look at the stack of about a dozen bills the House has passed in recent weeks to prevent waste and abuse.
Jordain Carney and Jennifer Scholtes contributed to this report.
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