New Mexico Supreme Court Strikes Down Local Abortion Restrictions
The New Mexico Supreme Court issued a unanimous decision on Thursday to invalidate abortion restrictions enacted by conservative cities and counties. The ruling solidifies New Mexico’s position as a leading state for abortion access, even as neighboring states like Texas enforce strict bans.
The court’s opinion, prompted by Attorney General Raúl Torrez, emphasized that state laws supersede local ordinances attempting to restrict abortion or regulate clinics. Justice C. Shannon Bacon, writing for the majority, stated, “The ordinances violate this core precept and invade the Legislature’s authority to regulate access to and provision of reproductive healthcare.”
Local Ordinances Preempted by State Law
Cities such as Hobbs and Clovis, along with Lea and Roosevelt counties, argued that federal laws like the Comstock Act justified their abortion restrictions. However, the court firmly rejected this claim, declaring that state laws preclude local governments from limiting reproductive healthcare access.
One particularly contentious ordinance in Roosevelt County would have allowed private lawsuits demanding over $100,000 in damages for alleged violations of the county’s abortion restrictions. The court condemned this measure, stating it was “clearly intended to punish protected conduct.”
Attorney General Raúl Torrez praised the ruling, saying it reinforces the state’s commitment to abortion access. “The bottom line is simply this: Abortion access is safe and secure in New Mexico,” Torrez said.
State Investments in Reproductive Healthcare
New Mexico’s commitment to reproductive healthcare extends to infrastructure. A state-funded clinic under construction in southern New Mexico will serve local and out-of-state patients by 2026, offering medical and procedural abortions, contraception, cancer screenings, and adoption education.
Challenges and Next Steps
While the court’s decision bolsters abortion rights within New Mexico, opposition groups, including Alliance Defending Freedom, criticized the ruling. Erin Hawley, an attorney for Roosevelt County, argued that localities should have the right to enforce ordinances aligning with federal law. Future legal battles may emerge, as some groups aim to test the applicability of the federal Comstock Act in other states.
Jonathan Mitchell, a Texas-based attorney known for crafting restrictive abortion laws, expressed intentions to pursue similar cases elsewhere, potentially bringing the issue to the U.S. Supreme Court. For now, New Mexico remains a steadfast haven for reproductive rights.
