A lawsuit over abortion rights in Texas currently pending before the federal Fifth Circuit Court of Appeals could impact women in New Mexico. A judge is expected to make a decision on Whole Women’s Health v. Paxton in the near future, according to the Center for Reproductive Rights, which is a party to the suit.
The state of Texas passed a law to make an abortion procedure illegal in that state in 2017. The procedure, called dilation and evacuation, is the form of abortion that usually occurs after the 13th week of gestation. The Texas case would make it illegal. The safety of this procedure has been documented since the 1970s, according to the reproductive policy organization the Guttmacher Institute.
A Maryland judge ruled last week that an abortion provider can deliver the abortion medication, mifepristone, to patients seeking abortion care through telehealth. But the court injunction is “temporary in nature,” Wendy Basgall, Southwest Women’s Law Center staff attorney, said. The American Civil Liberties Union sought a preliminary injunction, which the judge granted. But it only lasts while the U.S. Secretary of Health and Human Services’ declaration of a federal public health emergency is in effect. Mifepristone is one of two medications that an abortion patient takes for a medical abortion.
New Mexico women who need contraception are likely safe for now despite the U.S. Supreme Court’s 7-2 decision which will allow private companies to opt out of providing insurance coverage for it, according to the American Civil Liberties Union of New Mexico. A recent law passed in New Mexico enables women in the state to continue contraceptive coverage despite the court’s decision which now enables private companies to deny contraception coverage by citing moral or religious objections. But, Ellie Rushforth, reproductive rights attorney for the ACLU-NM warned, the future is uncertain. “It doesn’t mean we’re fully insulated from future issues related to this,” she said. The Supreme Court overturned a lower court’s decision on Wednesday in the case, Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania.
The U.S. Supreme Court ruled in favor of abortion rights Monday and struck down a Louisiana law in June Medical Services LLC v. Russo, but the “win” could be short-lived, say abortion rights advocates. The 5-4 decision brought an end to the legal battle over whether Louisiana’s 2014 law, that forced abortion providers in that state to obtain admitting privileges to a hospital within 30 miles of the clinic, is constitutional. The court, through Justice Stephen Breyer’s opinion, noted that the Louisiana law poses a “substantial obstacle,” to women seeking abortion, offered no significant health-related benefits nor showed evidence of how the law would improve the health and safety of women. But, Chief Justice John Roberts, who sided with the more liberal wing of the court, wrote a concurrence in which he made clear he only voted in favor of June Medical Services because of precedent. The court decided an almost identical case involving a Texas Law four years ago with Whole Women’s Health v. Hellerstedt.
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.
With five out of seven grassroots challengers winning seats in the state Senate, some of which were historic upsets, activists said on Wednesday the wins are a “mandate” for reproductive healthcare. With most precincts reporting for the primary, five grassroots progressive Democratic challengers won over mostly long-established incumbent Democrats who were moderate or conservative-leaning, according to unofficial results. All seven of the incumbent state Senate Democrats voted against HB 51, a bill that would have repealed the 1969 abortion ban.
Marshall Martinez, New Mexico field director for Forward Together Action, said that the challengers openly spoke about HB 51 and publicly supported it, which now that so many of the challengers have won, makes abortion rights a “mandate” for the next legislative session.
“The challengers named HB 51 as a key reason they ran. New Mexicans have said very clearly access to reproductive health, including abortion, is a priority,” Martinez said. Sarah Taylor-Nanista, executive director of Planned Parenthood of the Rocky Mountains Action Fund, called the five wins “an important step” toward repealing the 1969 law. Abortion rights activists are concerned that with a conservative majority on the U.S. Supreme Court, the court will overturn Roe v. Wade.
Two progressive Democrats, Siah Correa Hemphill and Pam Cordova, who are challenging incumbents who lean more to the right within the Democratic party, are getting a boost in their campaign efforts. Correa Hemphill is running against incumbent Democratic state Sen. Gabriel Ramos. With her May filing report, she has outraised Ramos by $53.26. Ramos, who was appointed by Gov. Michelle Lujan Grisham to replace Lt. Gov. Howie Morales, is running his first election for the seat. The American Civil Liberties Union of New Mexico is spending $150,000 in the remaining weeks of the primary to educate voters on the fact that Ramos and state Sen. Clemente Sanchez, also a Democrat, both voted against HB 51 in 2019.
The federal stimulus bill passed by Congress could lead to negative impacts on women’s health in New Mexico and other states. The unprecedented $2 trillion in federal relief, called the Coronavirus Aid, Relief, and Economic Security Act, or CARES Act, passed by Congress and signed by President Donald Trump late last month is expected to provide aid to many who have been impacted by the economic fallout caused by the lack of infrastructure to contend with the respiratory virus. But buried deep within the nearly 1,000 page bill is language designed to take a swipe at Planned Parenthood. Businesses and nonprofits seeking relief money will have to go through the Trump Administration’s Small Business Association—and the agency has the ability to refuse the nonprofit organization, according to Vice. Anti-abortion lawmakers claimed it as a “win” against abortion rights.
With delays in reproductive health care already taking place, officials with American Civil Liberties Union of New Mexico said it could get worse as the global pandemic of COVID-19 continues. Ellie Rushforth, a reproductive rights attorney for ACLU-NM, sent letters to elected officials Monday urging them to ensure reproductive health care will remain accessible during the public health emergency. The letters, to Governor Michelle Lujan Grisham, congressional officials and the mayors of Albuquerque, Santa Fe and Las Cruces, ask that they consider abortion care, all forms of birth control; STI screening, testing, and treatment; vaginal health and treatment; prenatal, delivery, and postnatal care as essential reproductive services that need to remain accessible. The letters outline immediate steps, including that reproductive health care clinics and outpatient abortion providers be considered, “essential business.”
Lujan Grisham announced a stay-at-home order Monday in an attempt to slow down the spread of COVID-19, a type of coronavirus. As of Monday, March 23, the state has 83 test positive cases, with 18 new ones.
With the coronavirus continuing to spread, some say the crisis emphasizes the need for paid time off for health emergencies in New Mexico. So far, there are no known positive cases of the coronavirus, also called COVID-19, in New Mexico, according to state Department of Health spokesman David Morgan. Jodi McGinnis Porter, director of communications for the New Mexico Human Services Department, said that as of the end of Sunday, 57 people in New Mexico tested for the virus and all tests were negative. But the state health department said last week that the agency anticipates positive tests at some point. Every state surrounding New Mexico has had at least one test positive case and there are hundreds of confirmed cases nationwide.
The financial toll of the growing spread of the coronavirus is still not clear, but the Dow Jones dropped 2,000 points Monday and the price of oil dropped to $30.24 a barrel according to MarketWatch.com.