New Mexico AG joins suit to fight Texas six-week gestational abortion ban

New Mexico Attorney General Hector Balderas joined attorneys general from 22 other states and the District of Columbia on an amicus brief in support of the U.S. Attorney General’s suit against Texas’ six-week gestation ban. Massachusetts Attorney General Maura Healey is the lead on the brief but Balderas spoke along with Healey during a press […]

New Mexico AG joins suit to fight Texas six-week gestational abortion ban

New Mexico Attorney General Hector Balderas joined attorneys general from 22 other states and the District of Columbia on an amicus brief in support of the U.S. Attorney General’s suit against Texas’ six-week gestation ban.

Massachusetts Attorney General Maura Healey is the lead on the brief but Balderas spoke along with Healey during a press conference held virtually on Wednesday to discuss the amicus brief and the Texas law that went into effect at the beginning of September. U.S. Attorney General Merrick Garland announced last week the U.S. Department of Justice is suing Texas to stop the unconstitutional six-week gestational abortion ban. The attorney’s general amicus brief is a document that provides support to the DOJ’s lawsuit.

Calling the Texas six-week gestational ban “another reckless attempt at Texas restricting the rights of women and families across this country,” Balderas cited the various ways the Texas law is harming individuals living in New Mexico. He said that New Mexico-based clinics perform about 3,000 abortions a year while in Texas clinics perform between 50,000 to 60,000 abortions a year.

He said New Mexico “does not have the infrastructure” and that “there is no way the state of New Mexico can absorb the level of demand for medical service” the Texas law is now causing for New Mexico clinics.

“I can state that this will have a negative impact on the well-being of the state of New Mexico,” Balderas said.

Balderas also cited individuals who live in southern New Mexico who might have traveled to El Paso for abortion services but now must travel several hours to a clinic in Albuquerque.

“Now because of the legal ban they must travel not 50 minutes but three, four or five hours within my own state to receive those services,” he said.

The amicus brief states that the states that filed do not want their own residents who assist individuals in obtaining abortion care in Texas to face the threat of liability or that individuals and organizations in other states do not become targets of SB 8.

The Texas law is enforced by individuals who sue a person or entity if the plaintiff believes they aided a patient in obtaining an abortion in Texas after six weeks of gestation. Such a lawsuit can result in at least a $10,000 civil recovery.

Healey called the Texas law “morally repugnant and flagrantly unconstitutional.” She also said that the U.S. Supreme Court’s refusal to consider an emergency request to block the law just before it went into effect “a really dark history.”

Balderas called the issue a “public safety crisis as well as a constitutional crisis.”

When asked if New Mexico residents or entities could be sued for helping a Texas-based patient receive an abortion in New Mexico, Balderas said that his office would defend any health care providers who were “being attacked in any way, we will defend those state interests.” He also said his office “will not enforce any illegal laws that will come between health care providers and patients.”

Balderas also referred to the Texas gestational ban as a “ridiculous law.”

Dr. Jennifer Childs-Roshak, president and chief executive officer of Planned Parenthood League of Massachusetts, also spoke during the press conference. She said that the threat to doctors and nurses for providing “basic health care information and care is unacceptable and for patients, it’s devastating.”

She said that patients who are denied care are four times more likely to fall below the federal poverty level and are also more likely to stay with an abusive partner and more likely to face pregnancy complications. She said Texas politicians should instead invest in state-supported Medicaid and other systems of care for birthing patients.

“Black, Latina, immigrant, Indigenous, LGBTQ and people in rural areas already face immense barriers to healthcare and they will suffer the most,” she said.

In addition to New Mexico and Massachusetts, the other states that signed onto the amicus brief are California, Connecticut, Colorado, Delaware, Maryland, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Hawaii, Illinois, Maine, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, Wisconsin and the District of Columbia.

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