New Mexico Supreme Court rules local governments can't restrict abortion access
Jan 09, 2025
NEW MEXICO (KRQE) – The New Mexico Supreme Court issued a major ruling on Thursday, striking down local laws restricting abortion access.
"Abortion access is safe and secure in New Mexico. It's enshrined in law by the recent ruling by the New Mexico Supreme Court," said Raúl Torrez, New Mexico Attorney General. He is the one who brought the request to step into the state's highest court.
The court ruled local entities cannot restrict abortion access. It comes after Lea and Roosevelt Counties, the City of Hobbs, and City of Clovis passed ordinances banning the shipping of abortion medication and authorized city or county officials to approve or deny licenses for abortion clinics and providers. However, the state enacted the Health Care Freedom Act in 2023 in response to the U.S. Supreme Court overturning Roe v. Wade. The law prohibits public bodies from blocking reproductive health care
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“Our Legislature granted to counties and municipalities all powers and duties not inconsistent with the laws of New Mexico. The Ordinances violate this core precept and invade the Legislature’s authority to regulate access to and provision of reproductive healthcare,” the Court wrote in its opinion by Justice C. Shannon Bacon. “Therefore, based on the independent and adequate state law grounds provided in the Reproductive and Gender-Affirming Health Care Freedom Act, the Medical Practice Act, the Medical Malpractice Act, and the Health Care Code, as well as the Uniform Licensing Act, we hold the Ordinances are preempted in their entirety.”
"It doesn't take a genius to understand the statutory framework that we have. Local governments don't regulate health care in New Mexico. It is up to the state," said Rep. Javier Martinez, a Democrat from Albuquerque.
Attorneys for the southern communities involved had argued the provisions aligned with the Federal Comstock Act, which in part outlawed the mailing of abortion-related materials.Organizations supporting their effort argued that supersedes the New Mexico statute.
News 13 reached out to the local governments. Clovis responded, saying they're reviewing the decision.
Gov. Michelle Lujan Grisham welcomed the court's decision, stating in part, "Today's unanimous Supreme Court decision affirms what we've known all along – healthcare decisions belong to New Mexican women and their doctors, not politicians."