SANTA FE, NM – Today, the New Mexico Supreme Court convened to hear oral arguments in the pivotal case of State of New Mexico v. Board of County Commissioners for Lea County. The case centers on the legality of anti-abortion bans passed in Lea and Roosevelt counties, and the cities of Hobbs and Clovis. The New Mexico Attorney General, Raúl Torrez, filed an emergency petition in March of this year, asserting that these local ordinances violate the state constitution on grounds of both individual liberties and local government overreach.
New Mexico Attorney General, Raúl Torrez, argued that the anti-abortion laws in question infringe upon the fundamental rights and freedoms guaranteed by the state constitution. Additionally, he argued that these local measures overstep the bounds of local government authority, raising concerns about their compatibility with New Mexico's legal framework.
The oral arguments also considered the relevance of New Mexico House Bill 7, The Reproductive Health Care Freedom Act, a bill passed earlier this year that prohibits public bodies like local governments from denying, restricting or discriminating against an individual’s right to use or refuse reproductive or gender-affirming care.
“We know that abortion bans do nothing to protect anyone’s health and safety,” said Ellie Rushforth, Managing Reproductive Rights and Gender Equity Attorney at the ACLU of New Mexico. “The New Mexico Supreme Court must uphold the rights of New Mexicans across the state to access the critical health care they need. When someone has made the decision to have an abortion, they should be able to get one without facing restrictions or threats. These decisions about reproductive health care are personal, and they must remain between the person seeking care, their loved ones, and their medical provider. All new Mexicans deserve the dignity and respect to access the health care they need without fear of arrest, interrogation, or criminalization.”
“It was clear that these local ordinances were created to interfere with individuals’ access to the care they need. What is at stake in this case is the autonomy to make healthcare decisions without undue and unnecessary barriers arbitrarily added to impede access to healthcare,” said Jazmín Irazoqui-Morales, New Mexico Policy Director for Bold Futures.
In May, Eastern New Mexico Rising with the Lawyering Project, as well as the ACLU of New Mexico, Bold Futures, Planned Parenthood of the Rocky Mountains, American College of Obstetrics and Gynecology and Forward Together submitted amicus briefs to the New Mexico Supreme Court, supporting the position of the New Mexico Attorney General. The amicus briefs meticulously outlined the adverse effects of the local ordinances restricting abortion and reinforced the argument that these laws are incompatible with the state constitution and statutory law.
“Eastern New Mexico Rising has continuously denounced the discriminatory and unconstitutional ordinances forced on our communities by the Roosevelt County Commission, and Clovis City Commission in partnership with out-of-state groups. This reckless disregard for the healthcare and well-being of our citizens has needlessly caused harm to folks who already struggle,” stated Eastern New Mexico Rising Co-Founder Laura Wight. “The people demand reproductive justice and constitutional protections for our bodily autonomy. We are confident the New Mexico Supreme Court will rule on the side of justice.”
“These local bans are part of a broader, coordinated attack on abortion care across the state and across the country,” said Kayla Herring, Regional Director of Public Affairs for Planned Parenthood of the Rocky Mountains. “When a patient isn’t able to access the health care they need in a timely manner, it can impact the course of a family for generations to come. New Mexico must remain a place where our people and families are able to make these deeply personal decisions about their health and futures, free from fear, confusion, or intimidation.”
This case is not just about the specific ordinances in Lea and Roosevelt counties; it has broader implications for the protection of reproductive rights across the state. The New Mexico Supreme Court's decision will be a landmark moment in the ongoing struggle to safeguard New Mexicans bodily autonomy and access to reproductive healthcare that includes abortion care, and clarify the boundaries of local government authority.
