“New Jersey is drawing a clear line, requiring health care providers in this state answer only to the laws that already govern them—not to hostile actors in other states.”
This is good news, but the main caveat here is that state shield laws like this for abortion and GAC aren’t fully tested at the federal judicial level, and right wing forces could - and likely want to - push the issue toward SCOTUS for a ruling, if that happens, the outcome would likely not be favorable. Have supportive Dems thought of this and built a contingency plan of some sort?
Better late than never. New Jersey's companion bills, A2218 and S2260, are exactly the kind of legislation our state needs. They will not only strengthen protections here in New Jersey but could also serve as a model for neighboring states like New York, where many advocates have raised concerns that transgender communities are not receiving the protections they deserve.
These bills provide critical legal protections for hospitals and doctors so they can continue providing medically necessary care without political intimidation. Most importantly, they help ensure that transgender people can continue accessing the healthcare they need safely, legally, and with dignity.
These bills show that protecting patients and healthcare providers is always the right choice.
Far better to be proactive than reactive, and I wish the Democratic party, as a whole and in every state, would smell the coffee and get out of bed a little earlier next time... but still, better late than never.
Thanks to @nataliebaker907041 here are links to a couple of excellent articles on shield laws. The first is from a New England Journal of Medicine publication and so is more accessible to non-lawyers, but is from 2023. The second, from 2026, is from a law review so is more "in the weeds."
There was considerable disappointment when the NJ lege didn't pass a shield law in the post-election session despite a promise from the party leadership to do it.
I was among those who concluded that the promise to act was for a stopgap in case right-wing nutzoid Jack Ciattarelli won the governor's race. Since he didn't, the feeling was, "Well, there's an EO in place and that's been good enough so far, why raise the issue at all?"
I'm glad to see others kept with it and turned an order into law.
Definitely a reminder that transgender identity, as a concept, hasn't been forgotten, in the Trump 2.0 era. I'm a fan of NJ, and glad to see they're with us.
Glad to see some of the states supporting our community and trying to keep us safe.
Finally! I didn't want my birth state to let me down.
This is good news, but the main caveat here is that state shield laws like this for abortion and GAC aren’t fully tested at the federal judicial level, and right wing forces could - and likely want to - push the issue toward SCOTUS for a ruling, if that happens, the outcome would likely not be favorable. Have supportive Dems thought of this and built a contingency plan of some sort?
Excellent question ~ perhaps we need to get someone like Joyce Vance (legal scholar) to weigh in on.
Better late than never. New Jersey's companion bills, A2218 and S2260, are exactly the kind of legislation our state needs. They will not only strengthen protections here in New Jersey but could also serve as a model for neighboring states like New York, where many advocates have raised concerns that transgender communities are not receiving the protections they deserve.
These bills provide critical legal protections for hospitals and doctors so they can continue providing medically necessary care without political intimidation. Most importantly, they help ensure that transgender people can continue accessing the healthcare they need safely, legally, and with dignity.
These bills show that protecting patients and healthcare providers is always the right choice.
Good for them and who is in NJ!
We get good news, bad news . . . I'm reminded of that Jerry Clower bit that ended with, "Somebody's gotta get some relief!"
November, I'm counting on November.
Thank you Baum.
Far better to be proactive than reactive, and I wish the Democratic party, as a whole and in every state, would smell the coffee and get out of bed a little earlier next time... but still, better late than never.
Thanks to @nataliebaker907041 here are links to a couple of excellent articles on shield laws. The first is from a New England Journal of Medicine publication and so is more accessible to non-lawyers, but is from 2023. The second, from 2026, is from a law review so is more "in the weeds."
https://evidence.nejm.org/doi/10.1056/EVIDra2200280?url_ver=Z39.88-2003&rfr_id=ori:rid:crossref.org&rfr_dat=cr_pub%20%200pubmed
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=6649218 (you can download the full-text PDF or open it in a browser.)
Do we know if any conflict-of-laws scholars have written on the issue of efficacy of such shield laws?
Yes, David S. Cohen, Greer Donely, and Rachel Rebouchè have written on this
There was considerable disappointment when the NJ lege didn't pass a shield law in the post-election session despite a promise from the party leadership to do it.
I was among those who concluded that the promise to act was for a stopgap in case right-wing nutzoid Jack Ciattarelli won the governor's race. Since he didn't, the feeling was, "Well, there's an EO in place and that's been good enough so far, why raise the issue at all?"
I'm glad to see others kept with it and turned an order into law.
Thanks S. Baum for this reporting. Let's hear it for states' rights!!
Definitely a reminder that transgender identity, as a concept, hasn't been forgotten, in the Trump 2.0 era. I'm a fan of NJ, and glad to see they're with us.
Check out this video. You won't be sorry.
J. Draper is a professional history tour guide in London.
https://www.youtube.com/watch?v=bwoFajsD95k
Excellent news!
This is hopeful news. Now we need other states to stand up and do the right thing! Great job NJ!
I welcome any good news, this certainly qualifies! Way to go, New Jersey!
Thanks, S. Baum, for this superbly written oiece and your fine reporting. Keep literally asking questions!