Federal appeals court hears oral argument on mifepristone case

The U.S. Fifth Circuit Court of Appeals heard oral argument on Wednesday about the abortion drug mifepristone.  

The case against the U.S. Food and Drug Administration, brought by a conservative group called the Alliance for Hippocratic Medicine, was first heard in Texas by Amarillo-based District Judge Matthew Kacsmaryk earlier this spring. Kacsmaryk ruled in favor of the plaintiffs, a group of doctors who say they have had to treat women in emergency room settings when a medication abortion has led to complications. The doctors say they have conscientious objections to caring for abortion patients. The group, who have been accused of “judge shopping” since they have no known relationship to Amarillo but filed suit there, claim the FDA’s approval process of mifepristone in 2000 was rushed to market too soon and that the FDA did so by calling pregnancy “an illness.” They want to see the drug removed from the market and restudied. The U.S. Department of Justice, which argued the case on Wednesday, said the plaintiffs lack standing and that the case is time barred because the approval process took place 23 years ago.

Trump endorses Ronchetti, Biden to campaign for Lujan Grisham

Former President Donald Trump endorsed Republican gubernatorial candidate Mark Ronchetti on a social media account this week. “(Ronchetti) will be tough & smart on Crime, the Border and everything else!” the post stated. 

“Mark is supported by people from all walks of life and all different viewpoints – including Democratic sheriffs, former Libertarian presidential candidate and New Mexico Governor Gary Johnson, Virginia Governor Glenn Youngkin, UN Ambassador Nikki Haley, and now former President Trump,” Ronchetti campaign spokesman Ryan Sabel said. 

The statement included some statements about New Mexico during Gov. Michelle Lujan Grisham’s term as governor. “With crime at record levels and just 1 in 5 students learning at grade level, it’s not hard to see that, as governor, Michelle Lujan Grisham has made things worse and New Mexico needs to go in a different – and better – direction,” Sabel said. Lujan Grisham reacted to the Trump endorsement with a statement of her own. “Donald Trump’s endorsement of Mark Ronchetti emphasizes the clear choice in this race: I will keep delivering on the issues that matter to New Mexico families, while Mark Ronchetti would bring Donald Trump’s extreme national Republican policies to New Mexico,” the incumbent said.

New Mexico one of few states to pass pro-reproductive rights legislation this year

With more than 500 pieces of anti-abortion legislation under consideration in state legislatures around the country, New Mexico’s passage of SB 10, which decriminalized abortion, bucked the nationwide trend. Only one other state passed abortion rights legislation this year. Because the U.S. Supreme Court is expected to consider and rule on an unconstitutional abortion ban in the next few years, Planned Parenthood of the Rocky Mountains President and Chief Executive Officer Vicki Cowart called the passage and signing of New Mexico’s bill to repeal an abortion ban “critical,” and a “key to protecting reproductive rights.”

Related: Governor signs bill repealing abortion ban into law: ‘a woman has the right to make decisions about her own body’

Cowart told NM Political Report by email that this year, Virginia is the only other state that has passed a bill expanding abortion access in 2021. But since the beginning of the year, 12 states have passed anti-abortion legislation, according to a Planned Parenthood report. There are a few other states with pro-reproductive legislation under consideration, Robin Marty, author of “Handbook for a Post-Roe America” and “The End of Roe v. Wade,” said.

Amy Coney Barrett confirmed to Supreme Court, as New Mexico’s senators vote against

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.

Reactions from New Mexico officials to U.S. Supreme Court Justice Ruth Bader Ginsburg’s death

U.S. Supreme Court Justice Ruth Bader Ginsburg died Friday. She was 87. The vacancy her seat creates will now give Republicans the opportunity to try to place another conservative justice to the bench. President Donald Trump, reacting to two Supreme Court decisions in June that he didn’t like, tweeted that he would have a new list of conservatives to appoint to the bench by September 1. Within just a few hours of the announcement of Ginsburg’s death, U.S. Senate Majority Leader Mitch McConnell said he would not wait to bring to a vote for a Trump appointee this election year, according to multiple media sources.

Reproductive rights under attack, say advocates. Here’s what you can expect.

The U.S. Supreme Court is expected to make major reproductive health care decisions early next week. Monday and Tuesday will be the final two days this term that the justices will issue opinions, according to the Supreme Court’s blog. Historically, the court has handed down decisions on abortion on the last day of the session, Nancy Northup, executive director of the Center for Reproductive Rights said last month. But in this case, the court has two reproductive health care decisions to rule upon in the final days of the session. The two cases are June Medical Services LLC v. Russo and Trump v. Pennsylvania.

SCOTUS DACA decision will help 5,800 New Mexico DACA recipients

About 5,800 recipients of legal protections for some young immigrants in the state got surprising, but welcome, news Thursday when the U.S. Supreme Court ruled against President Donald Trump in his lawsuit against the Deferred Action for Childhood Arrivals program. The 5-4 ruling allows the program under the Department for Homeland Security to continue. Put in place under the Obama administration in 2012, it allows individuals who came to the U.S. as children to gain temporary legal status so they can apply to college and professional jobs. According to a 2019 U.S. Citizenship and Immigration Service report, 652,880 residents are enrolled in the program. New Mexico was one of the states that sued the federal government.

Feds fail to prosecute crimes in Indian Country

In 2017, the U.S. Department of Justice declined to prosecute more than a third of cases referred to them in Indian Country. That’s business as usual according to a new report by the department. The report reveals that U.S. attorneys’ offices left 37 percent of referred cases from Indian Country unprosecuted in 2017 — a figure slightly up from 2016 and steady with data since 2011, after then-President Barack Obama signed the Tribal Law and Order Act into law. The percentage continues to plateau despite funding for tribal law enforcement from the Trump administration. Lawmakers like Sen. Tom Udall, D-N.M., see the department’s prosecution rate as failing members of federally recognized tribes.

Political endorsements may have little sway on undecided voters

Thousands of New Mexicans have already voted and Election Day is only weeks away. Which means politicians around the state are in high gear spreading their respective messages through commercials and campaign events. But one tactic many politicians are also using to signal undecided voters is endorsements from high-profile politicians. A New Mexico political scientist said those major endorsements will impact the election but it’s not entirely clear how much it will help or hurt campaigns to get a stamp of approval from a former U.S. president, a New Mexico governor or a sitting U.S. Senator. University of New Mexico political science professor Lonna Atkeson told NM Political Report those endorsements only go as far as the endorser’s approval rating.

Obama endorses Lujan Grisham, state House candidates

Former President Barack Obama endorsed several New Mexico candidates Monday, including the Democratic nominees for governor and lieutenant governor. Obama announced the endorsement of about 200 candidates nationwide on Twitter Monday. His focus, he announced, was  on legislative and statewide races “that are redistricting priorities.”

Michelle Lujan Grisham and Howie Morales were happy with the endorsement, touting it in  a statement shortly after Obama’s announcement. “This election is about bringing energy, vision, and experienced leadership to Santa Fe to build a stronger economy, expand health care access, and create a better future for our kids,” Lujan Grisham said. “That’s why I’m so honored to have President Obama’s support and trust as we work every day to protect and build on his legacy in New Mexico and create real opportunities for families across the state.”

Obama’s endorsement said that Lujan Grisham “stops at nothing to fight for the people she serves.”

“The last eight years have left New Mexicans waiting for a leader like Michelle, a leader who can restore hope and put opportunity back within reach,” Obama said.