The New Mexico Supreme Court issued a landmark ruling, striking down abortion restrictions imposed by several conservative cities and counties. This decision is pivotal in solidifying New Mexico’s role as a key destination for individuals seeking abortion ban care from neighboring states with restrictive laws.
In a unanimous ruling, the court responded to a request from state Attorney General Raúl Torrez, reinforcing New Mexico’s position as having some of the nation’s most progressive abortion laws. The court’s opinion stated that state law precludes local governments from enacting abortion restrictions, and these local ordinances infringe upon the state’s authority to regulate reproductive healthcare.
Justice C. Shannon Bacon, writing for the majority, emphasized that these ordinances violated the core principles of state law. “We hold the ordinances are preempted in their entirety,” Bacon wrote, pointing out that local regulations over abortion access undermine the Legislature’s constitutional role in safeguarding reproductive rights.
Attorney General Torrez expressed strong support for the ruling, stating, “Abortion access is safe and secure in New Mexico,” and reaffirmed the importance of state laws protecting the constitutional rights of residents and out-of-state individuals seeking care.
New Mexico House Speaker Javier Martínez also highlighted the significance of the ruling, reinforcing that healthcare regulation is a matter for the state, not local governments. He noted, “Local governments don’t regulate health care in New Mexico. It is up to the state.”
Despite resistance from anti-abortion communities in New Mexico, especially along the Texas border, state leaders have taken steps to protect abortion access. Following the Supreme Court’s 2022 decision to overturn Roe v. Wade, New Mexico’s Democratic-led government moved swiftly to solidify abortion rights by repealing restrictive laws and enacting a shield law to protect abortion providers.
Governor Michelle Lujan Grisham further strengthened abortion access in the state by signing legislation in 2023 to override local ordinances restricting abortion and protecting providers from external legal threats. Additionally, a new state-funded reproductive health and abortion clinic is under construction in southern New Mexico, set to serve local residents and those traveling from surrounding states.
The court’s opinion also strongly rebuked Roosevelt County for attempting to create a private right of action that would have allowed individuals to sue for damages in cases of abortion-related violations, describing it as a punitive measure against protected conduct.
Despite this victory, some groups, including Erin Hawley of Alliance Defending Freedom, criticized the ruling, arguing that localities should have the right to enforce ordinances aligned with federal law. Hawley, an attorney for Roosevelt County, expressed her dissatisfaction with the court’s decision, stating that New Mexico localities should be able to enact laws that protect their residents.
The ruling has raised questions about its potential appeal and whether it could influence broader legal debates around federal restrictions on abortion, particularly the
Read more: