In a landmark decision on Thursday, the New Mexico Supreme Court ruled to strike down abortion restrictions imposed by conservative cities and counties across the state. The ruling, issued at the request of the state’s attorney general, solidifies New Mexico’s reputation for having some of the most progressive abortion laws in the nation.
The unanimous decision ensures continued access to abortion services across the state, which has become a key refuge for individuals traveling from states with stricter bans.
Attorneys representing Lea and Roosevelt counties, as well as the cities of Hobbs and Clovis, had argued that local ordinances restricting abortion should stand, citing provisions within the Comstock Act, a law aimed at limiting vice-related activities. However, the court ruled in favor of state law, affirming that local governments cannot impose their own regulations on abortion access.
Justice C. Shannon Bacon, writing for the majority, stated that state law prevents cities and counties from restricting or regulating abortion services. She emphasized that these ordinances “violate the core principle” that reproductive healthcare is regulated by state lawmakers, not local governments. “The Ordinances are preempted in their entirety,” the justice wrote.
This decision underscores New Mexico’s commitment to safeguarding reproductive rights, despite strong opposition to abortion in certain communities, particularly along the state’s border with Texas—home to some of the nation’s most restrictive abortion laws.
The ruling has significant implications for reproductive healthcare access in New Mexico and serves as a beacon for individuals from states with restrictive abortion laws seeking care in a more supportive environment.
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