NJ SUPREME COURT ASKED TO RULE ON APPEAL
TO VOID MAJOR ABORTION LEGISLATION

TRENTON, NJ (July 14, 2025) – New Jersey’s Supreme Court is being asked to rule on an appeal that could disrupt the State’s foundational abortion law – the 2022 “Freedom of Reproductive Choice Act.”

The appeal is based on a May 2025 ruling by the Appellate Division of NJ Superior Court, which denied the core request to void and overturn that Act.

Litigation brought by two state citizens claimed that the Act was improperly enacted. They claimed the Legislature violated the NJ Constitution and law by publishing the bill text and notice of action only after the bill was passed. The plaintiffs charge that the Legislature violated law by failing to declare an emergency to authorize shortcuts, acting prior to receipt of a required fiscal estimate and failing to obtain a required mandated benefit review. The published calendar required those wishing to testify to register before the bills were even introduced.

The Legislation was unexpectedly introduced on the final committee day of a two-year Legislative Session. It was assigned to committees in the General Assembly and Senate, reviewed, and released by both committees along party lines that same night. Four days later, on the final day of the Session, both houses of the Legislature passed the bill, also along party lines. Three days later, Gov. Phil Murphy signed the legislation into law.

Plaintiffs Barbara and William Eames brought suit because they and legislators complained the public had no advance notice, multiple procedures to protect public access and enable public participation in the legislative process were violated, and legislators themselves complained they had no time to review the legislation.

The Appellate Division court, serving as the court of original jurisdiction, denied discovery, then denied the plaintiffs’ charges, setting precedent for how claims under the governing statute should be considered. In doing so, the Appellate Division bypassed several of the alleged violations. The appeal asks the Supreme Court to correct these actions. The Jersey Justice Center, a legal defense corporation, is supporting the litigation.

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