Abortion care providers in New Mexico expect an increase in patients if a court allows Texas’ six-week gestational ban to take effect in September. A group of Texas abortion fund and clinic providers filed suit in a Texas state court last week to stop the state’s new law from going into effect. But because the law is new territory, providers, abortion fund organizations and legal experts in New Mexico are watching to see if the court blocks the law with an injunction and, if not, how large the ripple effect could be felt in this neighboring state. Ellie Rushforth, an attorney with the American Civil Liberties Union of New Mexico called the Texas law not just unconstitutional but “sinister.”
“The point of this [Texas] law is to instill fear and place a bounty on the head of anyone who is providing abortion care or helping people get the care they need. It’s inviting and encouraging complete strangers to stake out and continue to harass abortion providers and networks of care,” she said.
This week members of Congress introduced legislation into both chambers that would codify Roe v. Wade into law if it passes. HR 3755, more commonly known as the Women’s Health Protection Act, would protect a person’s ability to terminate a pregnancy and would protect a provider’s ability to provide abortion services. Reproductive healthcare advocates believe the bill, which has been introduced by members of Congress, has greater urgency this year because of Dobbs v. Jackson Women’s Health Organization, the Mississippi case the U.S. Supreme Court plans to hear next year. Related: The future of reproductive healthcare in NM if Roe v. Wade is overturned
Dobbs v. Jackson Women’s Health Organization, which challenges Mississippi’s unconstitutional 15-week abortion gestational ban, will be the first test of Roe v. Wade with the new 6-3 conservative majority on the Supreme Court bench. Many in the reproductive healthcare community believe Roe v. Wade could be overturned or become a law in name only as a result. The Supreme Court is expected to decide on Dobbs v. Jackson Women’s Health Organization in 2022.
If the U.S. Supreme Court overturns or guts Roe v. Wade next year when it hears the case involving a Mississippi law that would ban abortion after 15 weeks, New Mexico could face a fight and increased harassment at clinics, according to reproductive rights experts. The U.S. Supreme Court announced earlier this week it will hear Dobbs v. Jackson Women’s Health Organization, regarding the Mississippi law that prohibits abortion after 15 weeks with few exceptions. The state of Mississippi asked the court to decide on whether all pre-viability bans on abortion violate the Constitution. The court’s decision is expected to come down in 2022 before the mid-term general election. New Mexico, which was one of very few states to pass pro-abortion rights legislation this year, will feel the effects of the Supreme Court’s decision regardless of how the court decides the Mississippi case, according to reproductive health advocates.
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.
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.
Since the beginning of the pandemic, more people are seeking abortion through telemedicine than ever before in New Mexico. Though the numbers are still small, the increase is significant, according to Neta Meltzer, director of strategic communications at Planned Parenthood of the Rocky Mountains (PPRM). Meltzer wrote in an email that prior to the public health emergency, PPRM enrolled 10 patients from New Mexico into the study over the course of about a year. But in March of 2020 alone, the nonprofit screened 14 patients who were interested, and enrolled eight in that month. “The need for abortion care does not disappear in the midst of a global pandemic,” Meltzer wrote.
New Mexico Attorney General Hector Balderas signed onto an amicus brief earlier this month in support of a lawsuit launched by reproductive groups against the state of Texas. Abortion rights groups sued Texas last month to reverse Gov. Greg Abbott’s restriction on abortion access during the public health emergency. The ban, which was supposed to last until late April, allowed an abortion only if the pregnant person’s life was in danger. Some courts have sided with Texas and some have opined in favor of the abortion rights groups as it has ricocheted through the courts over the last few weeks. Earlier this week, a Texas appeals court allowed medication abortion to resume but not abortions that require a procedure.
With the coronavirus pandemic worsening — the state announced 40 new positive tests of COVID-19 Thursday and an additional death — access to abortion care gets increasingly complicated.
Democratic Governor Michelle Lujan Grisham, who supports reproductive health care, has allowed abortion clinics to remain open in New Mexico during the public health emergency. But abortion access has become more challenging in many areas of the country and that affects New Mexico, according to advocates.
ByJolie McCullough, The Texas Tribune and Alain Stephens, The Trace |
“Greg Abbott invoked mental illness after the El Paso shooting. There’s been no indication that was a factor.” was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues. Hours after a white gunman walked into an El Paso Walmart on Saturday and killed nearly two dozen Hispanic shoppers, Texas Gov. Greg Abbott addressed a room full of reporters in the border city and expressed grief and support for the community. As high-profile mass shootings continue to erupt across the country — three of which occurred in Texas in the last two years — a reporter asked the governor what he planned on doing to ensure one doesn’t happen again.
ORLA, TEXAS — After you head northeast on Ranch Road 652 from tiny Orla, it’s easy to miss the precise moment you leave Texas and cross into New Mexico. The sign just says “Lea County Line,” and with 254 counties in Texas, you’d be forgiven for not knowing there isn’t one named Lea. But the folks who are selling water over it know exactly where the line is. That’s because on the Texas side, where the “rule of capture” rules groundwater policy, people basically can pump water from beneath their land to their heart’s content. But on the New Mexico side, the state has imposed tight regulations on both surface and groundwater that restrict supply.