Fair and Just Prosecution

Bernalillo County District Attorney signs statement that he won’t criminalize abortion care

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Raúl Torrez, Bernalillo County District Attorney, signed a joint statement from elected prosecutors around the country who pledged not to criminalize abortion care. Bernalillo County is home to most of the clinics that provide abortions in the state. An additional clinic exists in both Santa Fe County and Doña Ana County. The statement, produced by Fair and Just Prosecution, a fiscally-sponsored project of a public charity called The Tides Center, stated that the 62 prosecutors who signed it would neither prosecute nor criminalize abortion care. “What brings us together is our view that as prosecutors we should not and will not criminalize healthcare decisions such as these – and we believe it is our obligation as elected prosecutors charged with protecting the health and safety of all members of our community to make our views clear,” according to the statement.

Abortion

New Mexico’s 1969 abortion law was one in a long line of laws restricting access

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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 If that happens before the state’s 1969 abortion law is repealed, the state could turn back the clock to the 51-year-old law.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.

Barack Obama

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

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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.

Quick Reads

Proposed HUD rule worries some over potential shelter discrimination for transgender community

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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.

Donald Trump

AG to sue Trump administration over postal service changes

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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.

Donald Trump

New Mexico one of 18 states to sue Pres. Trump over international student policy

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New Mexico is one of 18 states suing the Trump administration over the new U.S. Immigration and Customs Enforcement rule that targets international students. The lawsuit calls the new regulation an “insuperable burden” on American colleges and universities as they now have to certify every international student’s respective class schedule to demonstrate that the students are not taking all of their course work online, by August 4. ICE issued the new regulation last week, which some affected New Mexico institutions of higher learning called “vague.” New Mexico Institute of Mining and Technology has 134 international students. The University of New Mexico has 1,100 and New Mexico State University has about a 1,000. The regulation states that students on nonimmigrant F-1 or M-1 visas cannot legally remain in the country if all of their course work is online.

Abortion

A ‘win’ for abortion rights Monday doesn’t mean fight is over, say advocates

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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.

coronavirus

New Mexico joined court filing supporting reproductive rights in Texas

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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.

Quick Reads

Bill aimed at preventing domestic terrorism advances

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The state House Judiciary Committee on Monday approved legislation aimed at preventing domestic terrorism in the wake of a deadly mass shooting in August at an El Paso Walmart that targeted Hispanics. The panel also advanced legislation toughening the state’s cyberterrorism law. Supporters of House Bill 269, which resulted from discussions among New Mexico officials about how to guard the state against such an incident, argued it will offer prosecutors the proper legal tools in a case of domestic terrorism. The bill, which now advances to the House floor, defines the state crime of terrorism and would make it a second-degree felony to commit an act meant to intimidate or coerce the public, including mass violence in a public place, or an attempt to influence policy or politics using intimidation or coercion. Under the measure, it also would become a second-degree felony to make or possess a weapon “designed or intended to cause death or serious physical injury by the release, dissemination or impact of toxic or poisonous chemicals” or biological or radioactive weapons.

News

State officials scramble to respond to restraint and seclusion in schools

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Gov. Michelle Lujan Grisham, Attorney General Hector Balderas and Rep. Javier Martínez, D-Albuquerque, are all moving independently to rein in some of the most dangerous practices in New Mexico classrooms: restraint and seclusion. Each is pursuing separate initiatives to enforce stricter reporting requirements for incidents involving the controversial practices.  

Their efforts follow an October 2019 Searchlight investigation revealing that New Mexico schools routinely restrain and seclude special education students, often in violation of state and federal law. The state’s largest school district, Albuquerque Public Schools, has restrained and secluded students well over 4,600 times since 2014, the investigation found. It also found that APS repeatedly filed misleading reports to the federal government, even taking the extraordinary step of refusing to provide records to parents whose children were restrained or secluded.  

Often referred to as “therapeutic holding” or “physical management,” restraint is a contentious and dangerous method of behavior management derived from karate and judo, in which specially trained school staff place children and youth in physical holds that restrict movement. Seclusion, another behavior management practice, entails forcing a student into isolated rooms sometimes referred to as “scream rooms.” 

Child psychologists have decried the practices as ineffective and traumatic — for both students and staff.