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 If that happens before the state’s 1969 abortion law is repealed, the state could turn back the clock to the 51-year-old law.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.
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.
A private detention center in southern New Mexico sought to increase the numbers of detainees within its facility after the state declared a public health emergency for the COVID-19 pandemic. Management and Training Company (MTC), which operates the Otero County Processing Center (OCPC), sent a letter to Otero County Manager Pam Heltner dated March 31. The letter stated that due to an anticipated “significant decrease,” in migrant detainees, the company would terminate its agreement—but offered a solution. NM Political Report received the letter from the American Civil Liberties Union of New Mexico, which obtained it through a Freedom of Information Act request. The letter stated:
“MTC would be happy to explore with you the possibility of partnering with other state or federal agencies to co-locate detainees or inmates at the OCPC in order to increase the overall population at the facility and make MTC’s continued operation of the facility financially viable.”
MTC houses migrants held by U.S. Immigration and Customs Enforcement (ICE).
The city of Albuquerque’s 100th Anniversary of Women’s Suffrage special on Wednesday was both a celebration of the 19th amendment and a reminder of the darker moments behind voting rights. A bevy of women speakers, from political leaders like Gov. Michelle Lujan Grisham to young women pledging to vote for the first time this year, talked about the importance of voting and frequently referred to it as a way to make their voices heard. Many also spoke about the struggle for women of color to gain the right to vote even after the passage of the 19th amendment. Social justice advocate Pamelya Herndon, executive director and founder of KWH Social Justice Law Center and Change, brought up the education requirements that some Black voters faced for a century in some states after the Civil War ended as just one impediment. Herndon said the historical social justice leader and “leading male feminist of his time,” W.E.B. Du Bois said that “in order for the Black race to be lifted, every single Black person must have the right to vote.”
The women’s suffrage movement distanced itself from the concept of Black women having the right to vote in the early years of the effort because the suffragettes didn’t want to alienate the white Southern women involved in the cause, according to historians.
U.S. Housing and Urban Development proposed a rule that critics say would enable shelters to discriminate against transgender people and lawfully turn people away who need a place to sleep for the night. Housing and Urban Development (HUD) proposed the rule in early July and allowed for a 60-day comment period. The rule, if promulgated, would affect shelters that receive federal funds and are single sex dormitories or segregate into single sex areas. Under the proposed rule, shelter providers can turn people away if their gender identity doesn’t match the gender they were classified as at birth. Albuquerque’s West Side Shelter receives federal funding and has single-sex areas.
When the state Department of Health reported a two-day spike in COVID-19 at Cibola County Correctional Center late last month, activists and lawyers who work with detained migrants didn’t know how many had tested positive. The Milan facility, run by a private company called CoreCivic, also houses federal prisoners under U.S. Marshals Service, as well as county prisoners. “We have one of the largest immigration detention systems in the world,” said Rebekah Entralgo, media advocacy specialist for the California organization Freedom for Immigrants which works with detainees. And she said by phone that the private companies that run detention centers “thrive off secrecy.”
Allegra Love, executive director of Santa Fe Dreamers Project, which provides free legal services to immigrants, said her impression is that the migrant population at the Cibola facility is “low.”
“That information is almost impossible to get and CoreCivic isn’t compelled to tell us daily count numbers,” Love said. New Mexico’s congressional delegation sent a letter to CoreCivic last week because of the recent spike in COVID-19 at the multi-use detention center.
Gov. Michelle Lujan Grisham delivered remarks from a solar array in northern New Mexico, which were aired during the virtual Demcoratic National Convention on Wednesday night. Lujan Grisham spoke from the Kit Carson Co-Op’s solar array at Northern New Mexico College in El Rito—though the caption said it was in Albuquerque—about climate change and other environmental issues. And she said there was a clear choice between the two candidates this November. “We know time is running out to save our planet. We have the chance this November to end two existential crises: The Trump presidency and the environmental annihilation he represents,” Lujan Grisham said.
New Mexico Attorney General Hector Balderas announced Tuesday he will file a suit against the Donald Trump administration for changes to the U.S. Postal Service, one of 20 attorneys general, all Democrats, who have announced they would sue the federal government. Also on Tuesday, Postmaster General Louis DeJoy announced he would suspend the controversial policies that have slowed down the delivery of mail until after the election. Matt Baca, the chief counsel with the Attorney General’s office, told NM Political Report that they would proceed with the lawsuit “to ensure absolute compliance with the law.”
The changes, which Balderas mentioned in his statement announcing the suit, include cutting overtime for postal staff and removing letter sorting equipment, which caused critics to say the actions were an attempt to slow the mail as the country moved towards an election with record numbers of mail-in ballots. “The postal service is a vital lifeline for rural New Mexico, and this action threatens to disproportionately harm our Indigenous communities, from their daily living to their ability to participate in our democracy,” Balderas said in a statement. “I am asking the courts to step in and supervise this process to ensure that the federal government is working with states, including our Secretary of State, to ensure these services are delivered in the way our Constitution mandates.”
The suit said that the Postal Service made the changes in excess of its authority and did not follow the proper procedures, which would require changes to go through the Postal Regulatory Commission.
While presumptive Democratic presidential nominee Joe Biden did not choose New Mexico Gov. Michelle Lujan Grisham as his running mate, he followed through on his promise to select a woman as his running mate when he chose California U.S. Senator Kamala Harris on Tuesday. Harris, the daughter of a Jamaican immigrant father and an Indian immigrant mother, is the first woman of color as a running mate for a major political party. Democratic politicians in New Mexico, including Lujan Grisham, praised Biden’s choice. “It’s time to rebuild our country better than ever before. It’s time to take back the White House.