If Republican nominee Mark Ronchetti wins election, he can still impact reproductive rights policy, even without being able to pass his priorities through the Legislature with Democratic majorities. Ronchetti has campaigned on an anti-abortion policy. During the Republican primary, his campaign website said he believed “life should be protected – at all stages.” In a commercial in September he said, that if elected, he would support a voter referendum on banning abortion after 15 weeks. But in July, Albuquerque megachurch pastor Steve Smothermon said Ronchetti told him privately that, if elected, Ronchetti still intended to ban abortion. Ronchetti’s campaign denied it.
Related: Pastor says Ronchetti would seek to ban abortion
Smothermon reiterated the claim to his congregation in October, saying that “he told me exactly what I said.”
Ronchetti’s campaign did not respond to a request for comment.
After the repeal of Roe v. Wade, anti-abortion activists are looking to turn public sentiment against abortion access in New Mexico, a state where abortion is legal, abortion rights policy experts have said. Nadia Cabrera-Mazzeo, an attorney with the American Civil Liberties Union of New Mexico, said that organizations involved in reproductive rights in New Mexico expected this to happen before the U.S. Supreme Court overturned Roe v. Wade. “It’s a certainty and we’ve been expecting it. We knew the second Roe was overturned, [anti-abortion activists] would set their sights on New Mexico where it’s still legal to get necessary care,” she said to NM Political Report. Last week, an anti-abortion group called Southwest Coalition for Life organized a rally in a parking lot next to the future Las Cruces Women’s Health Organization.
The U.S. Supreme Court overturned Roe v. Wade Friday morning, creating what individuals working on the front lines of reproductive access in New Mexico called a “public health emergency” during a press conference Friday afternoon. Farinaz Khan, a healthcare provider, said every abortion clinic in four states closed by Friday morning. “As women and people with uteruses, we are second class citizens in our own country. Our patients will be deeply harmed by this decision,” she said. Many during the press conference stressed that abortion is, and will remain, legal and safe in New Mexico.
Crisis pregnancy centers, which have proliferated in recent years, could be a public health danger to pregnant individuals, according to a recent report. A national coalition of reproductive health experts called The Alliance: State Advocates for Women’s Rights and Gender Equality, produced a report in the fall of 2021 detailing crisis pregnancy centers (CPCs), which reproductive health experts often refer to as “fake clinics.”
More than 90 percent of CPCs located in New Mexico are operated by one of three Christian-affiliated organizations: Heartbeat International, Care Net, and Birthright International. CPCs offer some basic, nonmedical services for pregnant people but are intentionally designed to lure unsuspecting pregnant individuals into their offices to prevent abortions, reproductive health experts have said.
According to the report, CPCs use “deceptive, coercive tactics and medical disinformation and misleadingly present themselves as medical facilities.”
Birthright International and Care Net did not respond to repeated requests for comment, but Andrea Trudden, vice president of communications and marketing for Heartbeat International said through an email that “many of the claims made within this report are the exact same talking points that abortion activists have put out there for decades.” She added that Heartbeat International maintains a website designed to specifically “respond to many of the claims” the authors of the report make.
Trudden disagreed with the report’s claims and said through email that pregnancy centers adhere to a national code of ethics called, “Our Commitment of Care and Competence” (CCC), which addresses the vital importance of truthfulness in communications.”
CPCs are located in buildings or mobile units, usually near an abortion clinic in urban areas although they proliferate most often in rural counties where there is a lack of care, health experts have said. They go by a variety of different names that often appear to mimic or resemble the names of abortion care providers, according to the report. But they are not actual health clinics and most lack professional medical providers on their staff.
The U.S. Health and Human Services Department and the American Civil Liberties Union agreed to put a lawsuit on hold late last week that could have longer term implications for the abortion medication mifepristone. On Friday the HHS, which oversees the Food and Drug Administration, filed in Hawaii district court a request to stay a lawsuit that has been ongoing around mifepristone since 2017. The ACLU, which also filed for the stay, is suing the U.S. Health and Human Services on behalf of a Hawaii clinician. The ACLU and the Hawaii clinician are suing because the FDA’s in-person pickup requirement for mifepristone requires patients in Hawaii to have to fly between islands to receive a single pill. Once a patient has picked up mifepristone at a clinic, they can go home to take it. The FDA requires abortion patients to travel to a clinic to pick up mifepristone because the abortion medication is under the FDA’s Risk Evaluation and Mitigation Strategies (REMS), drug safety program intended for medications with serious safety concerns.
Mifepristone has been in the FDA’s REMS program since the FDA approved the prescription drug in 2000.
After a year of legal fighting over mifepristone, the Food and Drug Administration has reversed itself, allowing the abortion medication to be prescribed during the COVID-19 pandemic through telehealth. The FDA, under the Donald Trump administration, would not allow mifepristone to be prescribed through telehealth, citing safety concerns, during the COVID-19 pandemic. Because of 20-year-old regulations around mifepristone, patients are normally required to travel to a clinic to pick up the pill. But, the pill can be safely taken at home. In the spring of 2020, after the COVID-19 pandemic began, the American Civil Liberties Union (ACLU) sued the FDA on behalf of the American College of Obstetrics and Gynecologists (ACOG).
The bill that would repeal a state statute that criminalizes abortion care in New Mexico is now headed to Gov. Michelle Lujan Grisham’s desk after the House of Representatives passed it on a 40 to 30 vote. This is a priority bill for Lujan Grisham and she has indicated that she would sign it into law.
The House of Representatives took up SB 10 instead of HB 7, which are mirror bills. SB 10 already passed the state Senate by a vote of 25 to 17 on February 12, and was amended to clarify the bill’s title. Each chamber must pass identical legislation before it can be sent to the governor. Related: In historic turn, state Senate passes abortion ban repeal
Just as during the Senate floor debate, Republicans in the House attempted to amend the bill and argued for hours over keeping the section of the law that is considered by some healthcare workers as a refusal clause.
The U.S. Supreme Court ruled Tuesday to reinstate restrictions on the a medication abortion pill that allowed patients to receive it through the mail during the pandemic. The justices ruled 7 to 2 on the decision in favor of the U.S. Federal Drug Administration. The FDA has maintained a rule that a patient must travel to a clinic to pick up the abortion pill mifepristone for the past 20 years when the drug first came onto the market. Reproductive advocates and experts have said that is politically motivated. The patient can take the pill in a place of their own choosing.
A District Court in Maryland has 40 days to lift, modify or continue the order it previously made to allow the abortion medication mifepristone to be available through telehealth during the pandemic. The U.S. Supreme Court asked the lower court on Thursday to reconsider a case the American College of Obstetrics and Gynecologists (ACOG) brought against the Food and Drug Administration (FDA) over the summer. ACOG wants the FDA to allow mifepristone to be available for abortion care through telehealth during the pandemic. Although the FDA approved mifepristone 20 years ago for abortion care, the FDA continues to regulate it as if it were a dangerous drug. The FDA argued in court that people should have to continue to pick up mifepristone at a health care provider during the pandemic.
The first reproductive rights test for the U.S. Supreme Court since Justice Ruth Bader Ginsburg’s death will likely be the court battle over whether people should be able to access the medication mifepristone for abortion through telehealth. The Federal Drug Administration (FDA) requested the U.S. Supreme Court to stay a lower court’s decision to enable women to receive mifepristone through telehealth during the pandemic. Prior to the pandemic, people had to travel—in some cases hundreds of miles—to a clinic to receive the medication. But, patients do not have to take the medication at the clinic. They can return home to take it in the privacy of their homes.
The American College of Obstetricians and Gynecologists (ACOG) and other partners sought—and received—a preliminary injunction this summer from a Maryland judge barring the FDA from enforcing its in-person requirement to receive mifepristone.