The New Mexico Supreme Court’s unanimous ruling on Thursday struck down local abortion restrictions, reinforcing the state’s position as a key destination for individuals seeking abortion care. The court ruled in favor of state Attorney General Raúl Torrez’s request, eliminating barriers to access in conservative cities and counties, and reinforcing New Mexico’s standing as one of the most supportive states for reproductive rights.
The court rejected arguments from local governments in Hobbs, Clovis, and several counties, who cited the Comstock Act as a basis for enforcing local abortion ordinances. Justice C. Shannon Bacon, writing for the majority, stated that such local restrictions violate state law and undermine the authority of the legislature to regulate abortion access.
New Mexico Attorney General Raúl Torrez hailed the ruling, emphasizing that abortion access remains secure and protected under state law. “Abortion access is safe and secure in New Mexico,” Torrez affirmed. “This decision reflects the core of our legal framework, which ensures that local governments cannot impose restrictions that infringe upon the constitutional rights of citizens.”
New Mexico House Speaker Javier Martínez also supported the decision, reiterating that access to healthcare, including abortion, is a fundamental right protected by the state. He clarified that healthcare regulation, including abortion laws, rests solely with the state, not local governments.
The ruling comes as part of New Mexico’s broader effort to safeguard abortion access, particularly after the U.S. Supreme Court overturned Roe v. Wade in 2022. In addition to repealing a 1969 anti-abortion statute, the state passed laws in 2023 that prevent local ordinances from restricting abortion services and protect providers from out-of-state investigations.
Governor Michelle Lujan Grisham also signed a bill in 2023 reinforcing these protections and enacting a shield law that safeguards both patients and healthcare providers from external legal challenges.
The New Mexico Supreme Court further criticized Roosevelt County for attempting to create ordinances that could impose punitive damages for violations of local abortion restrictions, calling it a direct attempt to punish protected conduct.
Opponents of abortion rights, like Erin Hawley from the Alliance Defending Freedom, criticized the court’s decision, arguing that local governments should be allowed to enforce ordinances that align with federal law and protect citizens’ lives. Despite these objections, the ruling solidifies New Mexico’s commitment to safeguarding reproductive rights.
The court’s decision represents a major victory for reproductive rights in the state, and advocates for abortion access continue to call for further protections and clarity in the ongoing legal battles.
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