Credited from: LATIMES
SANTA FE, N.M. — The New Mexico Supreme Court delivered a significant ruling on January 9, unanimously striking down local ordinances aimed at restricting access to abortion pills, thereby reinforcing the state's expansive abortion rights. The decision, requested by the state attorney general, further cements New Mexico's standing as a key destination for women seeking reproductive healthcare, particularly from states with stricter abortion laws, such as Texas.
Justice C. Shannon Bacon noted in the ruling that the local ordinances enacted by Hobbs and Clovis as well as Lea and Roosevelt counties violate the authority of the New Mexico Legislature to regulate reproductive healthcare. She stated, “The ordinances violate this core precept and invade the legislature’s authority to regulate access to and provision of reproductive healthcare” (Reuters). The court also criticized an attempt under Roosevelt County's ordinance to allow private citizens to seek damages against abortion providers, labeling it as "clearly intended to punish protected conduct."
New Mexico's evolution towards becoming a leader in reproductive rights follows the U.S. Supreme Court's 2022 decision to overturn Roe v. Wade, which eliminated federal protections for abortion. Since then, the Democratic leadership in the state has consistently worked to secure and protect abortion access. This includes repealing a dormant 1969 law that categorized most abortion procedures as felonies and conducting legislative actions to counter local efforts to impose restrictions (The Guardian).
State officials promptly hailed the decision, with Attorney General Raúl Torrez claiming it safeguards abortion access in New Mexico, stating, “The bottom line is simply this: abortion access is safe and secure in New Mexico.” House Speaker Javier Martínez echoed similar sentiments, reinforcing that local governments do not have the authority to regulate healthcare and that it is the state's prerogative to ensure access.
Despite strong opposition to abortion from some border communities, the ruling reflects a broader commitment from state politicians to support reproductive rights. New Mexico’s proactive approach to maintaining abortion access underscores the tension unfolding across the United States as various states navigate conflicting laws and societal values.
Future efforts in New Mexico include the construction of a state-funded reproductive health clinic slated to open in 2026, aimed at providing comprehensive services to both local residents and those traveling from neighboring states seeking medical care.
While the state ruling stands, it remains to be seen whether these local ordinances might be appealed in federal court, as the Supreme Court did not address any possible conflicts with federal law in its decision.
For more on this ruling and its implications, read the full articles on Latimes, Reuters, and The Guardian.