The New Mexico Supreme Court has ruled against several local ordinances aimed at restricting the distribution of the abortion ban, marking a significant legal victory for reproductive rights in the state.
In a unanimous decision on Thursday, the court found that the ordinances violated the state legislature‘s authority to regulate reproductive healthcare. Justice C. Shannon Bacon, writing for the court, stated that local governments in New Mexico cannot impose ordinances that conflict with state laws. The court emphasized that the ordinances, which sought to prevent the distribution of mifepristone—an essential medication used in abortion—were in direct violation of the state’s legislative framework.
The ruling specifically noted that the state legislature had granted local governments certain powers, but those powers cannot contradict New Mexico’s established laws, which protect access to reproductive healthcare.
While the court refrained from commenting on whether the ordinances violated the state’s constitutional protections, the decision is a clear reaffirmation of New Mexico’s commitment to ensuring access to abortion care. New Mexico has become a sanctuary state for women seeking abortions, particularly following the U.S. Supreme Court’s decision in 2022 to overturn the constitutional right to abortion, which led to a wave of abortion bans in neighboring states like Texas.
In response to the Supreme Court’s ruling, the ordinances from Roosevelt and Lea Counties, as well as the cities of Clovis and Hobbs—located along the Texas border—were effectively overturned. These local ordinances had sought to prevent abortion clinics from receiving or distributing mifepristone and other abortion-related medications through the mail, citing the 19th-century federal Comstock Act.
The New Mexico Supreme Court also criticized the provision allowing private individuals to sue for damages under the Comstock Act, highlighting that such actions were intended to penalize protected conduct.
This ruling reinforces New Mexico’s status as a critical access point for reproductive healthcare, offering refuge to women from states with restrictive abortion laws.
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