American Civil Liberties Union of New Mexico

Abortion will remain legal in New Mexico, even after U.S. Supreme Court decision

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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 The state legislature passed and the governor signed last year the Respect New Mexico Women and Families Act, which repealed old language from the criminal code banning abortion in 1969.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.

Albert Johnson Park

Advocates, elected officials and the public respond with rallies and outrage over Supreme Court draft decision on abortion rights

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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.

American Civil Liberties Union of New Mexico

Can anti-abortion state laws affect New Mexicans?

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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.

American Civil Liberties Union of New Mexico

CDC announces Trump-era policy prohibiting legal border crossing to end 

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The U.S. Centers for Disease Control and Prevention announced Friday that the federal government will end the Trump-era policy that has prevented asylum seekers from entering the U.S.

The policy will end May 23. The Trump administration initiated Title 42 in the first few days of the COVID-19 pandemic in March 2020. The policy prohibited undocumented individuals from entering the U.S. through a port of entry. At the time, Trump cited the spread of the respiratory disease as a reason to establish the policy but critics quickly condemned the action as racist and inflammatory. The Biden administration, which ran on eliminating or reversing many Trump-era policies, kept Title 42 in place after entering office, despite widespread criticism from immigrant advocacy groups.

American Civil Liberties Union of New Mexico

New government report details reportedly unsafe and unsanitary conditions at Torrance County Detention Facility

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The federal Department of Homeland Security and the Office of Inspector General issued an alert this week to the U.S. Immigration and Customs Enforcement to recommend that all individuals housed at the Torrance County Detention Facility be relocated due to reportedly unsanitary and unsafe conditions. The 19-page report issued on Wednesday detailed conditions that include a broken toilet containing human waste in a vacant cell in an occupied housing unit, as well as staffing shortages, a lack of hot water access and other issues. Several nonprofit organizations that advocate for the rights of detainees called on ICE to release the individuals housed at Torrance County Detention Facility. The Democrats in New Mexico’s congressional delegation also issued a press release late Friday condemning the “inhumane” conditions and called on President Joe Biden to “act swiftly” to address the reported unsafe conditions. “ICE should no longer defend the inhumane living conditions at the Torrance County Detention Facility.

American Civil Liberties Union of New Mexico

U.S. Supreme Court in ruling against abortion access in Kentucky could lead to bigger repercussions, say legal experts

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A U.S. Supreme Court decision this week on an abortion issue has larger repercussions for constitutional rights, advocates say. In an 8-1 decision, the court ruled in favor of allowing Republican Kentucky Attorney General Daniel Cameron to readdress a Kentucky abortion ban already resolved under Democrat Kentucky Governor Andy Beshear’s administration. A Kentucky bill prohibiting medical professionals from performing surgical abortion became law under a Repbulican administration. But under a new Democratic administration, the state of Kentucky dropped the appeal process in 2019 and the law, declared unconstitutional by a lower court, did not go into effect. Cameron, who had not been a part of the original lawsuit, then asked to appeal the lower court’s decision that the Kentucky law is unconstitutional.

American Civil Liberties Union of New Mexico

State prisons outsource personal mail to inmates to Florida firm, causing concern for some

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For Jessica Brown, whose husband Michael is an inmate at Northeast New Mexico Correctional Facility in Clayton, sending letters to her spouse is one of the primary ways she communicates with him. But starting Feb. 1, Jessica will have to send letters to her husband to a private corporation in Florida called Securus Technologies. There, Jessica’s letters will be opened and photocopied. Her husband, Michael, will be able to receive only the photocopied version. 

New Mexico Department of Corrections notified inmates and their families of the change late last month.

abortion medication

Called ‘a victory’ by advocates, FDA lifts restrictions on abortion medication

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The Federal Drug Administration ruled on Thursday that it would permanently lift restrictions around abortion patients receiving medication abortion by mail. This means, for instance, that abortion patients who live in places such as rural New Mexico can receive mifepristone, the first of the two-drug abortion regime, by mail. The FDA has maintained a restriction on in-person pickup of mifepristone at a clinic since the agency approved the drug for abortion 21 years ago. Reproductive experts have said that was a political move as, after 21 years, there were clear indications that taking medication abortion up to 10 weeks of gestation is safe. Ellie Rushforth, an attorney with the American Civil Liberties Union of New Mexico, said by text message that the FDA’s decision is “good news” for patients but some restrictions for clinics still apply.

Abortion Access

Language, tactics used by anti-abortion movement called misinformation

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The Texas law, SB 8, that bans abortion after six weeks in that state, is called “the Texas Heartbeat Act.”

But there is no heart within the pregnant person’s womb at six weeks after conception, according to health experts. At roughly six weeks, a current of electrical activity begins in a cellular cluster. Abortion rights proponents argue that that is just one way that anti-abortion rhetoric supplies misinformation and disinformation. Anti-abortion groups also coopt the language of social justice movements, including the reproductive rights movement, reproductive rights advocates have said. Adriann Barboa, policy director for the nonprofit organization Forward Together, said some who oppose coronavirus vaccinations and mask mandates use phrases such as, “my body, my choice,” when arguing against getting vaccinated or wearing masks to protect against COVID-19.

Abortion Access

U.S. Supreme Court hears oral arguments Monday on Texas anti-abortion law

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The U.S. Supreme Court heard oral arguments Monday morning for two cases related to the Texas law that bans abortion at six-weeks of gestation. The arguments presented procedural questions about whether or not a group of providers and advocates called Whole Women’s Health Coalition and the U.S. Department of Justice can bring separate lawsuits because the only state actors involved in SB 8 are state court judges and clerks. Texas lawmakers wrote the law in such a way as to abrogate responsibility for the law, leaving Whole Women’s Health Coalition in the position of needing to sue each state trial court judge and an injunction against every county clerk in the state of Texas. The DOJ is suing the state of Texas. If the court rules in either case in favor of either Whole Women’s Health Coalition or the DOJ, the case would go back to the lower court and allow the plaintiff’s legal challenge to the law proceed.