When the New Mexico Legislature passed the 1969 law on abortion, it was the least restrictive version of the state’s previous abortion laws, but one advocates say would be too restrictive if it goes back into effect. Since U.S. Supreme Court Justice Ruth Bader Ginsburg’s death on September 18, and President Trump’s nominee of conservative Judge Amy Coney Barrett, there is a heightened concern that Roe v. Wade could be overturned in the immediate future. If that happens before the state’s 1969 abortion law is repealed, the state could turn back the clock to the 51-year-old law. An attempt to repeal the 1969 law failed in the state Senate in 2019. Related: Senate rejects repealing currently unenforceable anti-abortion law
If it were to become the state’s law, enforcement would be a matter for each individual district attorney’s office, said Matt Baca, chief counsel for the state’s Attorney General Hector Balderas.
The federal stimulus bill passed by Congress could lead to negative impacts on women’s health in New Mexico and other states. The unprecedented $2 trillion in federal relief, called the Coronavirus Aid, Relief, and Economic Security Act, or CARES Act, passed by Congress and signed by President Donald Trump late last month is expected to provide aid to many who have been impacted by the economic fallout caused by the lack of infrastructure to contend with the respiratory virus. But buried deep within the nearly 1,000 page bill is language designed to take a swipe at Planned Parenthood. Businesses and nonprofits seeking relief money will have to go through the Trump Administration’s Small Business Association—and the agency has the ability to refuse the nonprofit organization, according to Vice. Anti-abortion lawmakers claimed it as a “win” against abortion rights.
New Mexico abortion fund providers are already seeing impacts as the public health emergency and financial crisis worsens during the COVID-19 global pandemic, according to advocates. A group of abortion fund providers in New Mexico issued a statement Friday to remind elected leaders and others that reproductive healthcare, including abortion, is not elective medicine. In line with the American College of Obstetrics and Gynecology recent statement that any reproductive procedure which, if delayed, will “negatively affect patient health and safety should not be delayed,” Indigenous Women Rising, Mariposa Fund and New Mexico Religious Coalition for Reproductive Choice issued their own statement to tell elected leaders to continue to respect reproductive healthcare for women. All three groups offer funding and other aid for people seeking an abortion. National Asian Pacific American Women’s Forum also signed the letter.
So far, COVID-19, a type of coronavirus, has not impacted abortion care in New Mexico, but at least one advocate said the virus’ spread likely will affect the future of it. Whitney Phillips, Planned Parenthood of the Rocky Mountains vice president of communications and brand experience, told NM Political Report by email Friday that the organization expects to see problems to occur as the global pandemic continues. “As states surrounding our region have been systematically shutting down access to reproductive health care, we’ve seen women traveling to New Mexico for care for some time now. While we haven’t begun to see the impacts of COVID-19 pandemic in our health centers, we believe it will happen,” Phillips wrote. Rachel Lorenzo, a co-founder of Indigenous Women Rising, which provides an abortion fund for Native people in the U.S. and Canada, said that as far as traveling goes for abortion care, there is “no fear,” for Indigenous people, despite the shutting down of schools, public events and public officials advice not to travel.