More than 200 individuals protested the potential “roll back” of abortion rights on Saturday in Las Cruces. The U.S. Supreme Court’s draft decision, leaked in early May, on Dobbs v. Jackson Women’s Health Organization indicated the court will likely overturn the 1973 decision that expanded reproductive rights in the U.S. nearly 50 years ago. Within 24 hours about 100 people gathered outside of the Las Cruces City Hall to protest. The protest this past weekend brought out more people. Thousands protested in cities all across the U.S., including Albuquerque.
Amid honking horns at the corner of Main Street and Picacho Street, protesters held signs.
Earlier this spring, the need for financial assistance to obtain an abortion caused abortion fund provider Indigenous Women Rising to take a break so the grassroots organization could “catch up” financially. The need was “so intense” IWR almost ran out of money, Rachel Lorenzo (Mescalero Apache/Laguna Pueblo/Xicana), co-founder of IWR, said. Lorenzo, who uses they/them pronouns, said that the group is still on break. But when IWR returns to funding abortion patients later this month, the organization will return to its original mission of providing abortion care funding to Indigenous individuals. Last year, in response to the Texas “vigilante” law that prohibits abortion in that state after six weeks, IWR broadened its funding to include undocumented individuals.
Responding to the U.S. Supreme Court’s draft document that, once leaked in early May, revealed the court appears poised to overturn Roe v. Wade, a new student group at New Mexico State University is taking shape. The U.S. Supreme Court heard Dobbs v. Jackson Women’s Health Organization last December. The state of Mississippi passed a 15-week gestational ban in 2018 and has asked the high court to consider overturning Roe v. Wade in its decision. The draft decision, leaked to Politico and released in early May, has led to protests and Democrats in the U.S. Senate making a second attempt this year to codify Roe v. Wade into federal law. Dan Vargo, a graduate student at NMSU, initiated a call to fellow graduate students shortly after Politico released the court’s draft document.
If the U.S. Supreme Court overturns Roe v. Wade, as is now expected this summer, the rights of the LGBTQIA+ community will be thrown into jeopardy, advocates believe. In the leaked draft opinion that reveals the Supreme Court will likely overturn Roe v. Wade this summer, Supreme Court Justice Samuel Alito attacked the court’s arguments written into the Roe v. Wade decision affirming the right to abortion. He also took aim at Casey v. Planned Parenthood, the 1992 decision that reaffirmed Roe. Roe v. Wade rests on the argument that individuals have a right to privacy and that the right can be found in the 14th Amendment and in other amendments. Subsequent rulings that effect LGBTQIA+ rights, such as Obergefell v. Hodges, the 2015 decision granting the right to same sex marriage, rests on a similar argument.
A vote in the U.S. Senate to end the filibuster on the Women’s Health Protection Act failed on Wednesday. The Senate took up the issue originally in February when Senate Republicans filibustered the bill. To end the filibuster and allow the Senate to vote on the legislation, Senate Democrats needed 60 votes in support. With one Democrat siding with Republicans and a 50-50 party split in the chamber, Democrats lacked enough votes to try to hear the bill on the floor. The Women’s Health Protection Act would have codified Roe v. Wade in advance of the U.S. Supreme Court’s final decision on the Mississippi 15-week abortion ban expected this summer.
Planned Parenthood of the Rocky Mountains and other providers could be opening up more brick-and-mortar abortion clinics near New Mexico state lines, one official with PPRM said. On the heels of the leaked U.S. Supreme Court document this week, Oklahoma Gov. Kevin Stitt signed a bill Tuesday, effectively immediately, that initiated a Texas-style mechanism to make abortion unobtainable in that state at about six weeks gestation. The law would allow anyone to sue an organization or individual who “aids and abets” a patient receiving an abortion on or about six weeks gestation. Officials with Planned Parenthood of the Rocky Mountains told NM Political Report earlier this week, before Politico reported on the U.S. Supreme Court draft decision indicating the court will likely overturn Roe v. Wade this summer, that what’s been happening in Oklahoma could be a precursor of what’s to come for New Mexico in the coming months. Earlier this year, Stitt signed a law that will outlaw the procedure entirely except in the event of a medical emergency, punishable as a felony and a $100,000 fine.
If the Supreme Court’s leaked draft decision on Dobbs v. Jackson Women’s Health Organization becomes reality in late June or early July, New Mexico will remain what some have called “a beacon” of legal abortion care. The state legislature passed and the governor signed last year the Respect New Mexico Women and Families Act, which repealed old language from the criminal code banning abortion in 1969. While the antiquated language had not been enforceable since 1973, many policy makers worked to pass the repeal of the old ban before a conservative-leaning state challenged Roe v. Wade at the Supreme Court level. State Rep. Joanne Ferrary, D-Las Cruces, who was the lead sponsor on a previous version of the Respect New Mexico Women and Families Act, told NM Political Report that because of that “foresight,” to “fight forward” the state now doesn’t have to “fight backwards” on abortion rights. She said that, at this time, she is not preparing legislation for further protections on abortion in the state for the next session, beginning in 2023, because of the successful repeal of the ban in 2021.
The leaked draft of a U.S. Supreme Court decision on the case that appears poised to overturn Roe v. Wade woke up many on Tuesday to a “shocking” reality which may be imminent. Politico released on Monday a leaked draft document, dated February from the Supreme Court. The document is a majority opinion on Dobbs v. Jackson Women’s Health Organization, the case the court heard in early December. Because the document is still a draft, there is still opportunity for the court to rule differently in late June or early July, though it appears unlikely with the current makeup of the court. Supreme Court Justice Samuel Alito authored the draft, which overturns Roe v. Wade and rules in favor of the state of Mississippi in the Dobbs case.
Disability Rights New Mexico and three families filed a suit against the state and three managed care organizations for allegedly not providing necessary care to medically fragile children. The managed care organizations are New Mexico Blue Cross and Blue Shield, Presbyterian Health Plan and Western Sky Community Care.
Medicaid is required to provide at-home care to severely disabled children whose ability to live at home is dependent upon trained nursing, the complaint states. Jesse Clifton, a lawyer with Disability Rights New Mexico, said the state has about 400 medically-fragile children, some of whom are not receiving any at-home nursing despite qualifying for it. He said he anticipates more families will join the lawsuit. The state is providing federal funds for that coverage, Clifton and Holly Mell, also a lawyer for Disability Rights New Mexico, told NM Political Report.
Two states are considering laws – one that supports abortion rights and one that doesn’t – that attempt to reach out of their states’ jurisdictions. One bill, California’s AB 1666, protects Californians from Texas SB 8 and other copycat state laws prohibiting “aiding or abetting” an abortion in states where abortion is banned or restricted, such as Texas. The legislation seeks to explicitly protect Californians from Texas’ legal scheme, which enables anyone to sue those who help a Texas individual to obtain an abortion after six weeks of gestation. If passed, one possible way the bill could be applied would be if an entity or individual sued a California individual who made a donation to a Texas fundraising organization that helped a Texas abortion patient go out of state for their reproductive healthcare. Ellie Rushforth, an attorney with American Civil Liberties Union of New Mexico, said that so far, the Texas SB 8 law has not been “weaponized” in that way.