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 Sunday, 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.
While reproductive rights activists worry about the future of abortion rights in the state, some candidates say voters are particularly focused on the issue. With the passing of U.S. Supreme Court Justice Ruth Bader Ginsburg on September 18 and President Donald Trump’s nomination of Judge Amy Coney Barrett to the high court, reproductive rights advocates’ efforts to repeal New Mexico’s 1969 law is now of even greater urgency for many. If the court overturns Roe v. Wade, New Mexico’s 1969 law, which criminalizes abortion, would again go into effect. Siah Correa Hemphill, a Democrat running for State Senate District 28 in southern New Mexico, said she has received several phone calls and emails from constituents in her district in recent weeks asking about her position on abortion rights. “I know it’s on the mind of many people.
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 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.