The New Mexico Supreme Court ruled that state law preempts local ordinances restricting abortion access, affirming the state's commitment to reproductive rights.
The New Mexico Supreme Court struck down abortion restrictions imposed by conservative cities and counties, solidifying the state's position as a haven for abortion access. The unanimous ruling, prompted by a request from state Attorney General Raúl Torrez, declared that state law supersedes local ordinances regarding abortion. The court emphasized that cities and counties lack the authority to regulate abortion or clinics, deeming the ordinances as preempted.
Attorney General Torrez celebrated the decision, affirming that abortion remains safe and secure in New Mexico. He highlighted that the court's interpretation aligned with the state legislature's intent to protect reproductive healthcare rights. Democratic lawmakers, who hold sway over New Mexico's political landscape, have actively championed abortion rights. In 2021, they repealed a dormant law criminalizing abortion. Furthermore, in 2023, Governor Michelle Lujan Grisham signed a bill that nullifies local ordinances restricting abortion access and established a shield law safeguarding providers from investigations by other states. Construction is underway for a state-funded reproductive health clinic, slated for completion in 2026. This facility will provide comprehensive services, including abortions, contraception, screenings, and education about adoptions. The court specifically criticized Roosevelt County's ordinance, which allowed private lawsuits seeking damages exceeding $100,000 for alleged ordinance violations, deeming it an attempt to punish protected conduct. While Alliance Defending Freedom, a legal advocacy group representing Roosevelt County, expressed disappointment, the immediate impact on broader Comstock Act-related abortion restrictions remains unclear
ABORTION NEW MEXICO SUPREME COURT REPRODUCTIVE RIGHTS LOCAL ORDINANCES STATE LAW
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