Supreme Court abortion decision will impact NM

As the country’s highest court decides whether to uphold a controversial Texas law restricting abortion access, New Mexico advocates on both sides of the issue await the impact of the decision. The Texas law, known as HB2, requires all abortions be performed in hospital-like ambulatory surgical centers and all facilities that practice surgical abortions to […]

Supreme Court abortion decision will impact NM

As the country’s highest court decides whether to uphold a controversial Texas law restricting abortion access, New Mexico advocates on both sides of the issue await the impact of the decision.

The Texas law, known as HB2, requires all abortions be performed in hospital-like ambulatory surgical centers and all facilities that practice surgical abortions to have admitting privileges to a hospital located within 30 miles. Twenty-two of Texas’ 41 abortion clinics have closed since the state passed HB2 in 2013. Aside from El Paso, no abortion clinics currently operate in the entire western half of the country’s second-largest state.

Because of this, many abortion rights advocates argue that HB2 has already impacted New Mexico and that a U.S. Supreme Court decision to keep the law could create a new precedent.

“If this law is upheld by Supreme Court, we know that more people in our opposition will have the political capital to continue to introduce restrictions like this in other states, and New Mexico is no different,” Tannia Esparza, executive director of Young Women United, which supports abortion rights, said in an interview.

The U.S. Supreme Court heard oral arguments on a case Wednesday challenging the Texas law, arguing it unconstitutionally restricts women’s access to abortions. During arguments for Whole Woman’s Health v. Hellerstedt, Texas Solicitor General Scott Keller downplayed the impact HB2 has had on abortion access and even cited New Mexico clinics as a reason why.

During arguments, Justice Ruth Bader Ginsburg asked Keller how many women in Texas would be located more than 100 miles from an abortion clinic. Keller responded with 25 percent of the state but quickly added that the number may be high because it didn’t take into account women living close to New Mexico clinics.

The liberal justice countered that it didn’t make sense for Texas to consider the New Mexico clinics a legitimate option because they aren’t held to the same medical standards put forth in HB2. The ambulatory surgical centers that HB2 requires abortions to be performed in, for example, mandate wider hallways, larger operating rooms and more anesthesia resources than typical clinics.

Tara Shaver, spokeswoman for Protest ABQ, which opposes abortion rights, calls laws like this “common sense.”

In the 2015 legislative session, she testified in favor of a bill by Sen. Craig Brandt, R-Rio Rancho, that would have required doctors performing abortions to have admitting privileges to hospitals within a 30-mile radius, much like part of HB2 does. Brandt’s bill died in committee.

“When we try to get bills like that passed, we try to look for the best interests of women,” Shaver said in an interview.

“Obviously we’re hoping that the Supreme Court rules in our favor,” she added.

Such legislation is predicated on arguments that abortions are dangerous to women. Studies from the National Institutes of Health and the Centers for Disease Control and Prevention, however, have ranked abortion procedures as the lowest-risk pregnancy outcome and listed odds of risk of death from a procedure at 1 in 100,000.

Such legislation can also make an impact outside of the state it becomes law in.

Joan Lamunyon Sanford, executive director of NM Religious Coalition for Reproductive Choice, said her office last year helped provide resources for 18 women from Texas who traveled across state lines for procedures.

“We’re able to offer them a safe place to stay while they’re here and a supportive networks of people of faith,” Lamunyon Sanford said.

Many of the women who call Lamunyon Sanford’s office don’t end up making it to New Mexico, she said, because they lack the resources. So far this year, Lamunyon Sanford said five of 18 women who called her office for help didn’t keep their appointments. The numbers aren’t limited to Texas residents; Lamunyon Sanford said five of the 18 were from Texas.

Upholding the law, advocates argue, would only escalate this pattern.

With the Supreme Court split 4-4 on liberal and conservative ideological grounds since the death of Justice Antonin Scalia last month, analysts are predicting two possible outcomes for the case—the justices split the decision 4-4 or Justice Anthony Kennedy, who upheld Roe v. Wade’s precedent in 1992 but voted twice to ban partial birth abortions, joins the liberal justices in striking down the law. Kennedy voted with the liberal justices to put a temporary stay on the Texas law last summer.

If the Court rules a split decision on the case, it would uphold the lower court’s ruling, which upheld most of HB2, until a ninth justice is confirmed. At that time, the case could be brought back before the court.

Senate Republicans have vowed to block any Obama nominee for the Supreme Court and want to wait for the next president to nominate a replacement for Scalia. This would leave the high court with an eight-person panel for 11 months.

Obama said he will nominate potential justices anyway.

We're ad free

That means that we rely on support from readers like you. Help us keep reporting on the most important New Mexico Stories by donating today.

Related

Lujan Grisham pocket vetoes two bills

Lujan Grisham pocket vetoes two bills

Gov. Michelle Lujan Grisham pocket vetoed two bills the legislature passed this legislative session: one changing the Cybersecurity Act and the other concerning law…
Gov signs bills with some vetoes 

Gov signs bills with some vetoes 

Gov. Michelle Lujan Grisham signed 69 bills that the legislature passed during the 2024 legislative session. These included the General Appropriations Act which contains…
Guv signs state budget

Guv signs state budget

Gov. Michelle Lujan Grisham signed the budget bill for Fiscal Year 2025 and the Capital Outlay spending bill. The FY25 state budget bill passed…
Advocates travel to D.C. to push for additional protections for the Gila River

Advocates travel to D.C. to push for additional protections for the Gila River

New Mexico advocates seeking to have the Gila River designated as a Wild and Scenic River will travel to Washington D.C. this week to…

NM Supreme Court annuls $10,000 penalty in PNM/Avangrid merger case

The New Mexico Supreme Court ruled on Monday that a penalty the New Mexico Public Regulation Commission levied against the state’s largest utility was…
State fines oil company more than $2 million after spill

State fines oil company more than $2 million after spill

The Energy, Minerals and Natural Resources Department fined an oil and gas company operating in the Permian Basin more than $2 million over produced…
Amid new graduation requirements, what do high schoolers want to learn?

Amid new graduation requirements, what do high schoolers want to learn?

By Margaret O’Hara, The Santa Fe New Mexican The main things that bring Brayan Chavez to school every day: Seeing, talking to and engaging with…
Special ed teachers hope lawmakers OK pay raises, admin changes

Special ed teachers hope lawmakers OK pay raises, admin changes

By Margaret O’Hara, The Santa Fe New Mexican Brittany Behenna Griffith has a laundry list of adjectives to describe the ideal special education teacher:…
Lawmakers must find consensus on competing education spending plans

Lawmakers must find consensus on competing education spending plans

By Margaret O’Hara, The Santa Fe New Mexican A challenging task awaits New Mexico lawmakers in the next 30 days: Reconciling three very different…
Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Gov. Michelle Lujan Grisham announced Friday $10 million in funding from the federal American Rescue Plan Act was awarded to six tribal nations and…
Proposal to curb executive powers moves to House Judiciary

Proposal to curb executive powers moves to House Judiciary

The House Government, Elections and Indian Affairs Committee discussed a potential constitutional amendment that seeks to limit the governor’s executive powers. The committee approved…
Supreme Court censures attorney over conduct in anti-COVID policy suits

Supreme Court censures attorney over conduct in anti-COVID policy suits

The New Mexico State Supreme Court censured a New Mexico attorney because of her “misconduct” in two unsuccessful cases pushing back on COVID-19 regulations…
Supreme Court to hear two abortion cases this spring

Supreme Court to hear two abortion cases this spring

Later this month, the U.S. Supreme Court will hear oral arguments on the case against the abortion medication mifepristone. It will hear a second…
How Biden, others highlighted reproductive rights at the State of the Union

How Biden, others highlighted reproductive rights at the State of the Union

President Joe Biden highlighted reproductive rights issues as part of his State of the Union speech Thursday. Biden delivered his 2024 State of the…
Stansbury invites OB-GYN doctor as her state of the union guest 

Stansbury invites OB-GYN doctor as her state of the union guest 

U.S. House of Rep. Melanie Stansbury has invited an OB-GYN doctor from Roswell as her guest for President Joe Biden’s State of the Union…
Supreme Court to hear two abortion cases this spring

Supreme Court to hear two abortion cases this spring

Later this month, the U.S. Supreme Court will hear oral arguments on the case against the abortion medication mifepristone. It will hear a second…
How Biden, others highlighted reproductive rights at the State of the Union

How Biden, others highlighted reproductive rights at the State of the Union

President Joe Biden highlighted reproductive rights issues as part of his State of the Union speech Thursday. Biden delivered his 2024 State of the…
Stansbury invites OB-GYN doctor as her state of the union guest 

Stansbury invites OB-GYN doctor as her state of the union guest 

U.S. House of Rep. Melanie Stansbury has invited an OB-GYN doctor from Roswell as her guest for President Joe Biden’s State of the Union…
See who’s going to be on your primary ballot in June

See who’s going to be on your primary ballot in June

Tuesday marked the official beginning of the 2024 New Mexico primary season for the legislature, with candidates officially filing for candidacy. This is the…

Bill to require disclosure of use of AI in campaign materials goes to governor

The Senate approved a bill aiming to require the disclosure of the use of artificial intelligence or other changes made by computers to campaign…
House amends, passes bill banning firearms near polling places

House amends, passes bill banning firearms near polling places

The House narrowly approved a bill that would ban firearms near polling places. The House voted 35-34 to pass the bill following an extensive…
Advocates travel to D.C. to push for additional protections for the Gila River

Advocates travel to D.C. to push for additional protections for the Gila River

New Mexico advocates seeking to have the Gila River designated as a Wild and Scenic River will travel to Washington D.C. this week to…
U.S. Supreme Court lets ban on Couy Griffin from holding office stand

U.S. Supreme Court lets ban on Couy Griffin from holding office stand

The U.S. Supreme Court declined to hear an appeal of a Republican official who was barred from holding office after being convicted for a…
Politics Newsletter: legislative leaders not running for reelection

Politics Newsletter: legislative leaders not running for reelection

Hello fellow political junkies! Candidate filing day has come and gone, and members of House and Senate leadership opted to either not seek reelection…

GET INVOLVED

© 2023 New Mexico Political Report