Appellate Division Oral Argument of the Week: Is the Freedom of Reproductive Choice Act Invalid Due to Alleged Failure of the Legislature to Comply With Procedural Requirements in Enacting the Law?

On Monday, February 3, a panel of judges on Part A will hear oral argument in In re Application of Barbara Eames and William Eames Pursuant to N.J.S.A. 1:7-1 and N.J.S.A. 1:7-4 Seeking to Void L. 2021, c. 375. The cited statutes permit petitioners to seek the original jurisdiction of the Appellate Division.

As the case name indicates, the two petitioners seek to have that enactment, more commonly known as the Freedom of Reproductive Choice Act, invalidated due to the alleged failure of the Legislature to follow required procedures. Petitioners cite a number of statutory, constitutional, and internal legislative rules that they allege were violated in the legislative process. The State of New Jersey, defending the Freedom of Reproductive Choice Act, asserts that the Legislature complied with all procedural requirements and that, in any event, petitioners lack standing to bring their claims.

The extensive briefs on this appeal are available here. The livestreamed oral argument can be viewed here.