Mr. Cuomo made the odd threat Wednesday, pushing for a bill in the state legislature that would establish abortion as a right under New York state law.

That bill is being sold as preparation for the possibility that the Supreme Court overturns Roe v. Wade, the 1973 decision that made abortion a national constitutional right and a ruling that liberals believe to be in jeopardy from the nomination of Judge Brett Kavanaugh to the high court.

"We now need to codify Roe v. Wade, which will actually increase the protections in New York. God forbid they do what they intend to do. I want to get it done before the Supreme Court does that because I don't want any gaps in a woman's right to protection. We have a better legal case when the Supreme Court acts because I will sue when the Supreme Court acts," Mr. Cuomo said in a statement, according to Rochester TV station WHEC.