Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

New Mexico AG seeks to codify abortion rights, nullify bans

New Mexico's attorney general is asking the state Supreme Court to nullify abortion ordinances that local elected officials passed in recent months in some communities

Susan Montoya Bryan,Morgan Lee
Monday 23 January 2023 19:15 GMT

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

New Mexico’s top prosecutor on Monday asked the state Supreme Court to nullify abortion ordinances that local elected officials have passed in recent months in conservative reaches of the Democratic-led state.

Attorney General Raúl Torrez urged the high court to intervene against ordinances that he said overstep local government authority to regulate health care access, and violate the New Mexico Constitution’s guarantees of equal protection and due process.

At a news conference, Torrez said the ordinances are significant even in regions with no abortion clinics because they threaten to restrict access to reproductive health care in people's homes. More than half of U.S. abortions are now done with pills rather than surgery.

“This is not Texas. Our State Constitution does not allow cities, counties or private citizens to restrict women’s reproductive rights,” Torrez said in a statement. “Today’s action sends a strong message that my office will use every available tool to swiftly and decisively uphold individual liberties against unconstitutional overreach.”

It’s not clear how soon the New Mexico Supreme Court could decide to take up the issue. Torrez said he hopes his petition to the Supreme Court will inspire a quick response within weeks or months — avoiding the potentially yearslong process of pursuing a civil lawsuit.

The filing targets Roosevelt and Lea counties, and the cities of Hobbs and Clovis — all on the eastern edge of the state near the Texas border.

Messages seeking comment were left Monday with officials in the four communities.

In 2021, the Democrat-led Legislature passed a measure to repeal a dormant 1969 statute that outlawed most abortion procedures. Democratic Gov. Michelle Lujan Grisham said she wants to see legislation that would codify the right to an abortion across the state — in the aftermath of the U.S. Supreme Court’s decision last year that overturned Roe v. Wade.

Lawmakers have already proposed measures that would prohibit local governments from placing restrictions on abortion access — and call for putting in place protections for doctors and patients.

In November, the all-male city commission in Hobbs voted to adopted an ordinance designed to block abortion clinics from operating in that community.

In a statement issued after the vote, Lujan Grisham — who cast herself as a staunch defender of access to abortion procedures during her reelection campaign — said the ordinance was an “affront to the rights and personal autonomy of every woman in Hobbs and southeastern New Mexico and we will not stand for it.”

In June, the governor signed an executive order that prohibited cooperation with other states that might interfere with abortion access in New Mexico, declining to carry out any future arrest warrants from other states related to anti-abortion provisions. The order also prohibited most New Mexico state employees from assisting other states in investigating or seeking sanctions against local abortion providers.

She followed up in August with another executive order that pledged $10 million to build a clinic that would provide abortion and other pregnancy care in southern New Mexico.

The Clovis ordinance, approved in early January, also seeks to keep new clinics from opening. It's facing a petition challenge, but Mayor Mike Morris said he thinks voters there would overwhelmingly vote to keep the ordinance if it were on the ballot.

Days later, Roosevelt County followed with its own ordinance prohibiting the operation of clinics, restricting the delivery of abortion-related supplies and medicines, and giving private citizens the power to sue anyone they suspect violated the ordinance.

In the court filing, Torrez argues that the New Mexico Constitution provides broader protection of individual rights than the U.S. Constitution — and that the local ordinances violate New Mexicans' inherent rights, liberty and privacy.

He also argued that the action by the city and county commissioners amount to overreach by attempting to legislate on a matter of statewide importance for which the Legislature has preempted local regulation.

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in