Newsom vetoes California abortion bill amid 2028 speculation

California’s Democratic Gov. Gavin Newsom has vetoed a bill that would have required the governor to reject extradition requests from states seeking to prosecute people who perform or assist with abortions and gender transition procedures banned in those states. 

In a statement published Sunday, Newsom, who continues to be seen as a potential 2028 presidential candidate, announced his veto of Assembly Bill 2164. The measure passed the Democratic-controlled California Assembly in a 57-14 vote and the Democratic-controlled California Senate in a 30-10 vote.

The votes fell largely along party lines. All opposition came from Republicans, while one Republican Assembly member broke with his party to support the bill.

The legislation sought to clarify protections for those who “aid or encourage, attempt to aid or encourage, any person in the exercise and enjoyment, or attempted exercise and enjoyment, of rights to reproductive health care services or gender affirming health care services.”

Under the bill, the governor could not honor another state’s request to extradite someone charged there with performing or assisting with an abortion or gender transition procedure. The bill stated that “no demand for the extradition of a person subject to criminal liability” in such cases “shall be recognized by the Governor.”

Newsom believes bill would undermine the governor’s extradition authority.

“This bill would prohibit future governors from recognizing a request for extradition of a person subject to criminal liability based on allegations that the person engaged in specified healthcare activities,” Newsom wrote. “While I share the author’s views on the importance of protecting these important healthcare services, extradition is an entirely executive function.”

“When discretionary, that discretion is appropriately placed with the Governor,” he wrote.

Newsom said he was “troubled by the precedent that would be set if an outgoing administration agreed with the Legislature to erode the executive authority of an incoming governor based on their shared policy preferences, regardless of how righteous and well-intended those actions may be.”

California is one of 20 states with some form of “shield law” protecting people who provide abortions or gender transition procedures, or who travel from states where the procedures are banned to obtain them.

The others are Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia and Washington. Michigan, North Carolina and Pennsylvania have shield laws that cover abortion only.

Mini Tammaraju, president and CEO of the pro-abortion advocacy group Reproductive Freedom for All, issued a statement Monday condemning the veto, citing the possibility that Republican Steve Hilton could win the upcoming California gubernatorial election.

“Steve Hilton has made it very clear that he is willing to send California abortion providers to other states to face criminal charges, and we are deeply disappointed by Governor Newsom’s failure to get AB 2164 over the finish line to protect them,” she said.

“California must remain a safe haven for reproductive freedom and cannot leave abortion providers one election away from extradition,” Tammaraju added.

Polling suggests a Hilton victory is unlikely. The RealClearPolitics average of polls shows Democrat Xavier Becerra with 57.7% support, 23 percentage points ahead of Hilton’s 34.7%. Becerra served as the secretary for the U.S. Department of Health and Human Services during the Biden administration. 

Newsom is widely viewed as a potential contender for the 2028 Democratic presidential nomination. The RealClearPolitics average of Democratic primary polls shows Newsom at 14%, second to former Vice President Kamala Harris at 24.9%. He narrowly leads former Transportation Secretary Pete Buttigieg (12.8%), followed by Rep. Alexandria Ocasio-Cortez, D-N.Y., at 10.7%. No other potential candidate tops 10%.

Although Newsom declined to sign AB 2164, he touted the state’s record on abortion policy in his veto message.

“I am proud of the work done in partnership with the Legislature over the last eight years to produce numerous, important policies protecting the right of access to health care in this state,” he wrote.

"Together, we have passed into law the nation’s strongest protections for people seeking and providing those services, including expanding privacy protections for providers, enacting safeguards against the enforcement of other states’ laws penalizing individuals for obtaining care, and authorizing a party aggrieved by a violation of the Reproductive Privacy Act to bring a civil action against an offending state actor."