U.S. Supreme Court has one bodily autonomy case on its docket

With the U.S. Supreme Court refusing to hear one reproductive rights case this term, the high court has only one case on its docket regarding bodily autonomy this year. In recent years, the Supreme Court has sent shock waves as it disregards long standing precedent in a number of cases, including the Chevron deference in […]

U.S. Supreme Court has one bodily autonomy case on its docket

With the U.S. Supreme Court refusing to hear one reproductive rights case this term, the high court has only one case on its docket regarding bodily autonomy this year.

In recent years, the Supreme Court has sent shock waves as it disregards long standing precedent in a number of cases, including the Chevron deference in July of this year and Roe v. Wade in its Dobbs decision in 2022.

But for the 2024-2025 term, the court decided not to hear a case out of Texas about whether that state’s abortion ban is in conflict with a federal law codifying hospital emergency room requirements. The court’s refusal leaves that question in limbo, said Jazmyn Taitingfong, reproductive rights and gender equity attorney for American Civil Liberties Union of New Mexico.

The case out of Texas is similar to the Idaho case the high court considered last year but sent back to the lower courts in June. After the Dobbs decision, Texas put into place a near total abortion ban in 2022. Texas sued the U.S. Department of Justice, claiming the guidance from the U.S. Health and Human Services Department which protects individuals who seek emergency room care that a hospital must stabilize that patient, could not be enforced as it conflicted with the new state law.

The U.S. Fifth Circuit Court of Appeals agreed with Texas, ruling that providers in Texas are not required to follow the federal guidance, known as EMTALA. The Biden administration asked the Supreme Court to consider the case but the Supreme Court, last week, refused.

Taitingfong told NM Political Report that this leaves it “very unclear to doctors [in Texas] about when those [abortion] exceptions apply and how they apply, or if they are at risk of being criminalized in the state.”

Texas’ ban on abortion allows for exceptions in the event a pregnant person’s health is at risk. The Texas Tribune has reported that one in five OB-GYN doctors in Texas has considered leaving the state and 13 percent are planning to retire early due to the restrictions.

Taitingfong said the Supreme Court’s refusal to hear the Texas suit means the Texas case is closed. But since the Idaho case is still pending in the lower courts, that case could wind up back before the Supreme Court again, perhaps even this term. 

A group of women in Texas sued the state last year because, they said, they experienced pregnancy complications and were forced to travel out of state for a necessary abortion while also grieving the pregnancy loss. But the group lost their suit in a lower court and the Texas Supreme Court, where the women appealed, denied it a few months ago.

With the U.S. Supreme Court refusing to hear the Texas case on the EMTALA law on appeal, that means that the high court has one case, so far, to consider during this 2024-2025 term that is about bodily autonomy. That case, U.S. v. Skrmetti, is about whether the state of Tennessee has the right to ban gender-affirming care for minors in that state. The plaintiffs argue that the state’s ban violates the equal protection clause and the due process clause of the U.S. Constitution, Taitingfong said. 

According to the Human Rights Watch, 26 states have passed a ban on gender-affirming care. Taitingfong said that gender-affirming care saves lives because studies show that when the rights of transgender individuals are under attack, suicide rates rise.  

Taitingfong said this is, in addition to abortion care, another form of healthcare that “people are trying to attack.”

She said that, regardless of the Supreme Court’s ruling on the Tennessee case, the laws of New Mexico would not change. New Mexico prohibits discrimination of gender-affirming care by public bodies. That state law, along with others that increase protections for the LGBTQ community, was enacted in 2023.

But, Taitingfong said, if the high court rules in favor of Tennessee, it could embolden more states to enact laws banning gender-affirming care for minors. 

“This is hurting children,” she said.

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

Women hold a majority of legislative seats in NM

Women hold a majority of legislative seats in NM

Women hold a slight majority of seats in the Legislature after this year’s elections, though men still hold a majority in the Senate. In…
Politics Newsletter: New Mexico DOJ offers way to curb shooting threats

Politics Newsletter: New Mexico DOJ offers way to curb shooting threats

Hello fellow political junkies! Bomb threats and mass shooting threats have unfortunately become a part of life in the United States. A state official…
Former LFC chair John Arthur Smith dies

Former LFC chair John Arthur Smith dies

Longtime powerful state senator John Arthur Smith, a conservative Democrat who wielded a large amount of power around the state budget for years, died…
Oil Conservation Commission kicks off hearing on use of ‘forever chemicals’ in fracking

Oil Conservation Commission kicks off hearing on use of ‘forever chemicals’ in fracking

The Oil Conservation Commission kicked off its week-long hearing on a petition to ban the use of PFAS chemicals in oil and gas extraction.…
PNM joins day-ahead market to better manage resources, increase coordination

PNM joins day-ahead market to better manage resources, increase coordination

The Public Service Company of New Mexico announced on Monday that it will be joining the California Independent System Operator Extended Day-Ahead Market. This…
NM receives $2.88 billion in revenue from federal mineral, energy leasing

NM receives $2.88 billion in revenue from federal mineral, energy leasing

New Mexico received $2.88 billion this year in revenue from federal mineral and energy leases. The U.S. Department of Interior’s Office of Natural Resources…
MLG speaks about education during oil, gas industry meeting

MLG speaks about education during oil, gas industry meeting

New Mexico produces the second highest amount of oil and gas in the country. The taxes from oil and gas production provide funding for…
Early childhood summit convened to discuss future of program

Early childhood summit convened to discuss future of program

About 200 people from tribal governors to legislators to advocates and teachers gathered at Bishop’s Lodge to discuss Early Childhood Education’s future in New…
Stansbury outlines funding secured for early childhood and youth services programs

Stansbury outlines funding secured for early childhood and youth services programs

U.S. Rep. Melanie Stansbury secured $8.3 million for childhood development and youth services in the 1st congressional district through federal community project funding. Stansbury,…
Heinrich introduces legislation to address affordable housing

Heinrich introduces legislation to address affordable housing

U.S. Sen. Martin Heinrich, D-New Mexico, introduced legislation in the Senate on Monday that would provide tax credits to incentivize new investments and additional…
New Mexico in critical nursing shortage

New Mexico in critical nursing shortage

With 8,800 nurse positions posted for hiring in New Mexico, hospital leadership told the Legislative Health and Human Services Committee on Tuesday that access…
As rhetoric around undocumented workers heats up, new report shows their tax contribution

As rhetoric around undocumented workers heats up, new report shows their tax contribution

A nonprofit group released data showing how much taxes migrants pay in the U.S. as rhetoric on immigration grows more prominent just months from…
Indigenous Women Rising rebrands amid decrease in donations and increased costs

Indigenous Women Rising rebrands amid decrease in donations and increased costs

Indigenous Women Rising, a grassroots abortion fund provider supporting Native individuals, is experiencing a decrease in donations while, simultaneously, an increase in those needing…
U.S. Supreme Court has one bodily autonomy case on its docket

U.S. Supreme Court has one bodily autonomy case on its docket

With the U.S. Supreme Court refusing to hear one reproductive rights case this term, the high court has only one case on its docket…
Heinrich helps introduce resolution in response to death of Amber Nicole Thurman

Heinrich helps introduce resolution in response to death of Amber Nicole Thurman

U.S. Sen. Martin Heinrich helped to introduce a resolution on Tuesday in the Senate that every patient has the basic right to emergency health…
Stansbury announces bill to expand medical residencies in Tribal communities

Stansbury announces bill to expand medical residencies in Tribal communities

U.S. Rep. Melanie Stansbury introduced a bill that would provide $4 million annually to create an office within the Indian Health Service to oversee…
Sexual assault helpline launches during Domestic Violence Awareness Month

Sexual assault helpline launches during Domestic Violence Awareness Month

A new, dedicated statewide sexual assault helpline officially went live on Monday. The New Mexico Coalition of Sexual Assault Programs launched the helpline to…
Golden Opportunity to use community collaboration to battle opioid epidemic

Golden Opportunity to use community collaboration to battle opioid epidemic

The opioid epidemic is easing in the Albuquerque area and more help is on the way, according to the New Mexico Department of Health.…
Politics Newsletter: Election recap

Politics Newsletter: Election recap

Hello fellow political junkies! The election is over (finally) but the work of government continues as does the work of covering and chronicling the…
From disappointment to gratitude: NM leaders respond to election results

From disappointment to gratitude: NM leaders respond to election results

While the snow falls on parts of New Mexico,  discussions  still center on the 2024 election’s results. The 2024 general election in New Mexico…
Heinrich wins third term in Senate

Heinrich wins third term in Senate

U.S. Senator Martin Heinrich won reelection to a third term, defeating Republican Nella Domenici. Heinrich and Domenici held a hard fought race that concluded…
Politics Newsletter: Election recap

Politics Newsletter: Election recap

Hello fellow political junkies! The election is over (finally) but the work of government continues as does the work of covering and chronicling the…
Women hold a majority of legislative seats in NM

Women hold a majority of legislative seats in NM

Women hold a slight majority of seats in the Legislature after this year’s elections, though men still hold a majority in the Senate. In…
PRC nominating committee sends names to governor

PRC nominating committee sends names to governor

The New Mexico Public Regulation Commission nominating committee is submitting four names to Gov. Michelle Lujan Grisham to consider for appointment to the regulatory…

GET INVOLVED

© 2023 New Mexico Political Report