Santa Fe, NM – Today, the New Mexico Supreme Court unanimously ruled in favor of the New Mexico Department of Justice’s writ, filed January 23, 2023, which strikes down local ordinances aimed at restricting access to abortion services, reaffirming the state’s commitment to protecting reproductive healthcare access. The ruling invalidates the ordinances passed by Lea and Roosevelt counties and the cities of Hobbs and Clovis and prohibits any other local governments from enacting or enforcing measures that conflict with state law.
The local measures attempted to restrict abortion access by invoking the federal Comstock Act, which prohibits the mailing of abortion-related materials. Some of the ordinances also imposed licensing requirements on abortion clinics and abortions beyond state law requirements, and authorized severe penalties and damages for violations of the ordinances, including a provision in Roosevelt County allowing private individuals to seek damages of at least $100,000 per alleged violation.
Attorney General Torrez initiated this action shortly after being sworn into office and personally argued the case before the New Mexico Supreme Court.
“Today’s ruling was a resounding victory for the citizens of New Mexico and affirms the right of every woman in this state to control their lives and their bodies free of government interference,” said Attorney General Torrez. “The ruling is also a clear repudiation of the dishonest attempt to weaponize a 19th century federal law to deprive our citizens of their most basic rights.”
The Court’s ruling today also underscores the importance of the Health Care Freedom Act, which reinforces statewide access to reproductive and gender-affirming care. “The Legislature’s adoption of the Health Care Freedom Act is an express rebuke of Respondents’ actions,” the opinion stated. “Indeed, the Legislature seemingly contemplated local dissent and ensured that any conflicting law would be expressly preempted by the Act.” The Court also added, “Creating a private right of action and damages award that is clearly intended to punish protected conduct far exceeds any interest that is ‘incident[al] to the exercise of an independent municipal power.’”
This landmark decision solidifies New Mexico’s position as a national leader in reproductive rights and healthcare access. It also sends a clear message to local governments attempting to impose restrictive measures that their actions will not stand against state law.
“This victory is not just for New Mexico, but for every person in this country who believes in the fundamental right to make their own healthcare decisions and control their own destiny,” said Attorney General Torrez.
A copy of the Opinion can be found here: https://nmonesource.com/nmos/nmsc/en/item/531016/index.do
