The U.S. Supreme Court heard oral arguments Wednesday for a Louisiana abortion law that could affect the entire country, including New Mexico. The nine justices on the court were asked to consider whether a Louisiana law that prohibits doctors who do not have admitting privileges at a nearby hospital to provide abortions conflicts with an identical Texas law the high Court struck down in 2016. The difference between the Texas case and the Louisiana one is who is sitting on the U.S. Supreme Court bench. Conservative Justice Anthony Kennedy sided with the liberal wing of the court in 2016 and the court struck down the Texas law. But since the U.S. Congress appointed Justice Brett Kavanaugh to the bench in 2018 after a controversial hearing, anti-abortion groups and abortion rights groups both anticipate that the 2016 ruling could be overturned.
A bill protecting pregnant workers nearly died on the Senate floor Tuesday night when a Democrat tried to introduce an amendment viewed as “unfriendly.” However, the Senate defeated the amendment and the bill itself passed unanimously. HB 25 seeks to protect pregnant workers and new moms in the workplace by amending the state Human Rights Act to include those employees. This would enable pregnant people and new moms to seek mitigation under the state’s Human Rights Commission if they feel they have been discriminated against if an employer refuses “unreasonable accommodations.”
An amendment that Senator Joseph Candelaria, a Democrat from Albuquerque, tried to attach to the bill took issue with the idea that pregnant workers and new moms belong under the Human Rights Act. Candelaria, who is openly gay, said the bill created a “new suspect class of people.” He did not want the Human Rights Act to be amended. He said the bill would “erode decades of civil rights litigation and protections” reserved for immutable aspects of a person such as sexual orientation.
Supreme Court Justice Anthony Kennedy has served as a swing vote in the U.S. Supreme Court on some issues including the decision not to overturn Roe v. Wade, but a new, more conservative replacement could change that. If the ruling is overturned, each state would decide on the legality of abortion. New Mexico is one of ten states where a pre-Roe law means abortion would be illegal if the landmark case were overturned. Overturning Roe v. Wade has been a conservative goal for decades and Students for Life President Kristan Hawkins told NPR this week that Kennedy’s retirement pushed them on the brink of success. “In New Mexico, we have an old statute on the books from pre Roe v. Wade,” explained State Rep. Joanne Ferrary, D-Las Cruces.