Called historic, New Mexico decriminalized abortion on Friday when Gov. Michelle Lujan Grisham signed the Respect New Mexico Women and Families Act into law, after years of efforts by abortion rights supporters. SB 10 repeals the 1969 statute that criminalized abortion by banning it with very few exceptions.
Lujan Grisham said “a woman has the right to make decisions about her own body.”
“Anyone who seeks to violate bodily integrity, or to criminalize womanhood, is in the business of dehumanization,” Lujan Grisham said in a statement. “New Mexico is not in that business – not any more. Our state statutes now reflect this inviolable recognition of humanity and dignity. I am incredibly grateful to the tireless advocates and legislators who fought through relentless misinformation and fear-mongering to make this day a reality.
Unlike 2019 when the New Mexico State Senate blocked repealing the 1969 abortion ban, more than half of the 2021 state Senate have signed on to cosponsor SB 10, this year’s effort. SB 10, sponsored by state Sen. Linda Lopez, D-Albuquerque, is a bill that will run parallel to HB 7, sponsored by state House Rep. Micaela Lara Cadena, D-Mesilla. Co-sponsor and Senate Majority Leader Peter Wirth, D- Santa Fe, said during a press conference Monday morning held by Respect New Mexico Women, a coalition of nonprofit organizations, that 25 state senators have signed onto the bill for the 2021 Legislature.
The Senate bill was scheduled to be heard in its first committee Monday afternoon. “This shows how far we’ve come with this legislation,” Wirth said, alluding to the 2019 repeal effort which failed when eight state Senate Democrats sided with Republicans to defeat the bill. One of those Democrats died while in office and five of the others lost to more progressive Democrats in 2020 primaries, three of whom won in the general election.
With a new set of members in the state Senate, a bill to repeal the New Mexico 1969 abortion ban is expected to be filed in the upcoming New Mexico Legislature. Six Democrats who support abortion rights beat Republicans in November, in some cases after defeating anti-abortion Democrats in June’s primary, for state Senate seats, tipping the balance of power further to the left in the upper chamber. The state Senate defeated the 2019 effort to repeal the antiquated state law that bans abortion with few exceptions. Related: State Senate shifts left with progressive wins
Of the eight Democrats who sided with Republicans on the repeal vote two years ago, only two remain: state Sen. George Muñoz, D-Gallup, and state Sen. Pete Campos, D-Las Vegas. Incoming state Senators Carrie Hamblen, Siah Correa Hemphill and Leo Jaramillo, all progressive Democrats who ran on reproductive health, defeated their incumbent Democrat opponents in the primary and then won again in November against their Republican challengers.
The U.S. Supreme Court heard oral arguments Tuesday over Texas v. California, in which the state of Texas argued that the entire Affordable Care Act should be rendered unconstitutional. This is not the first time the Supreme Court has heard cases brought against the ACA. But it is the first case against the ACA with three Trump Administration appointees: Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. Barrett, the most junior justice, has been openly critical of the ACA in her legal writings. President-elect Joe Biden spoke after the hearings, calling the case “cruel and needlessly divisive.”
Texas brought the case arguing that more Texas residents have applied for Medicaid due to the ACA.
Justice Amy Coney Barrett’s confirmation on the U.S. Supreme Court Monday creates uncertainty for mixed status and undocumented families, according to experts. Felipe Rodriguez, campaign manager for nonprofit group New Mexico Dream Team, told NM Political Report that Barrett’s confirmation concerned him. Rodriguez pointed to the recent Supreme Court decision in late June which upheld DACA (Deferred Action for Childhood Arrivals) and ruled against President Donald Trump. While a victory for migrants and mixed status families, the Trump administration lost by a thin 5-4 margin. Related: SCOTUS DACA decision will help 5,800 New Mexico DACA recipients
“We still have Trump trying to end this program,” Rodriguez said.
U.S. Senate Republicans voted 52 to 48 to confirm Judge Amy Coney Barrett to the U.S. Supreme Court to replace Justice Ruth Bader Ginsburg, who passed away Sept. 18. President Donald Trump held a celebration at the White House Monday evening after the Senate vote and Supreme Court Justice Clarence Thomas swore her in at the White House to the lifetime position. Barrett’s confirmation received no support from Democrats who voiced their anger over her confirmation hearing over the weekend. All Democratic Senators voted against her, including both of those from New Mexico.
One disabled Albuquerque woman, Jeanne Hamrick, said she would not be able to afford prescription drug costs if the U.S. Supreme Court overturns the Affordable Care Act during this judicial term. Hamrick spoke during a live phone conference hosted by Democratic U.S. Senator Tom Udall to let average residents around the state talk about what losing the ACA would mean for them. The Supreme Court will hear California v. Texas on Nov. 10. The case challenges the constitutionality of the individual mandate and, with the likely confirmation of Judge Amy Coney Barrett establishing a new conservative bloc majority, the court could overturn the entire ACA.
Hamrick said that before the ACA went into effect in 2013, she was paying $100 each month for prescription medication on a social security budget.
U.S. Senate Republicans on the Senate Judiciary Committee voted unanimously Thursday to move the nomination of Judge Amy Coney Barrett to the U.S. Supreme Court to the full Senate. Democrats on the committee boycotted the vote and left posters of people who might be affected by the loss of the Affordable Care Act in their seats. One of the first cases Barrett will likely hear as a newly sitting U.S. Supreme Court justice will be a challenge to the ACA. Related: New SCOTUS conservative bloc could overturn ACA, with big impacts on NM
The Senate will vote on Barrett’s confirmation Monday. Senate Republicans need only a slim majority to confirm her.
If the U.S. Supreme Court overturns the Affordable Care Act during the 2020-2021 judicial term, the result for New Mexicans could be catastrophic, according to various officials and experts. The Supreme Court is scheduled to hear California v. Texas on November 10. If Judge Amy Coney Barrett is confirmed by the U.S. Senate on Monday, as is expected, this will be among the first cases she will hear as a Supreme Court justice. If she is confirmed, she will create a new 6-3 conservative bloc on the court bench which could lead to a ruling that the entire ACA is unconstitutional. If this happens, 20 million Americans could lose health insurance coverage, according to a report by the Urban Institute, a Washington, D.C.-based think tank.
A court case that could affect anti-discrimination laws in New Mexico will soon be before the U.S. Supreme Court. The case, Fulton v. the City of Philadelphia, will be heard by the Supreme Court next month. The case involves a Catholic-based organization that sued the city of Philadelphia because the city refused to allow the organization to continue a contract to house youth in foster care because the organization discriminates against same-sex couples. Marshall Martinez, interim executive director of Equality New Mexico, said that if the case is decided by a conservative majority on the court, then a contractor who receives tax payer funding to provide, for instance, homeless shelter services or foodbank services through a government contract could refuse to house or provide food to queer or transgender people. Martinez said that if the court rules against the city of Philadelphia broadly and bases its opinion on a religious argument, then the case could be interpreted to allow one faith-based organization to discriminate against people of other faiths and deny services to people of other faiths.