The U.S. House of Representatives passed the Women’s Health Protection Act on Friday by 218 to 211 largely along party lines. One Texas Democrat voted against it while all Republicans voted against the bill. U.S. Representatives Melanie Stansbury of New Mexico’s 1st Congressional District, and Teresa Leger Fernández New Mexico’s 3rd Congressional District, both Democrats, voted for the bill. The bill would protect women’s right to an abortion in every state and end gestational bans and other restrictions to reproductive access. The bill is unlikely to pass the U.S. Senate.
The New Mexico Democratic Congressional delegation signed onto an amicus brief urging the U.S. Supreme Court to uphold Roe v. Wade in the Mississippi abortion case Dobbs v. Jackson Women’s Health Organization. That case will be heard December 1. But the court has traditionally made its ruling on abortion cases at the end of the term in late June or early July. The state of Mississippi, in its case against the sole clinic that provides abortions in that state, has asked the Supreme Court to reconsider Roe v. Wade. Mississippi lawmakers passed an unconstitutional law in 2018 making abortion at 15 weeks gestation illegal in that state.
This month, New Mexico Religious Coalition for Reproductive Choice, an Albuquerque-based abortion fund, has helped 28 patients get an abortion, up from 15 in September 2020 when fears of COVID-19 prevented travel and 21 in September 2019. And the month of September is not yet over, Brittany Defeo, New Mexico Religious Coalition for Reproductive Choice program manager, pointed out. The increase in demand is due to the Texas six-week gestational abortion ban that went into effect at the beginning of the month. Defeo said the coalition is the last abortion fund most patients apply to because what the coalition offers – help with accommodations and trips to the airport, bus or train station – are services needed by the most economically perilous who need an abortion later in pregnancy which requires an overnight stay. But because of the Texas law, the coalition is now seeing patients request their services even before 10 weeks of gestation because the patient needs to travel to New Mexico to take abortion medication.
In a tweet earlier this week, U.S. Rep. Yvette Herrell equated abortion with eugenics. Herrell’s tweet on Monday was a response to a clip from an NBC broadcaster who was commenting that the state of Texas is “running over” women’s constitutional rights to obtain an abortion since that state’s six-week gestational ban went into effect at the beginning of September. “Of course, @JoeNBC is completely wrong. Abortion is not “enumerated” in the Constitution, specifically or otherwise, & its invention as a right in Roe v. Wade rests on garbage legal reasoning. America will be a better place when abortion joins eugenics on the ash heap of history,” she wrote in her tweet.
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.
With the passage of legislation to repeal the state’s outdated abortion ban and the New Mexico Civil Rights Act, many in the reproductive justice community called the 2021 Legislative session “extraordinary.”
All reproductive rights groups NM Political Report spoke with cited the passage of the Respect New Mexico Women and Families Act, or SB 10, as one of the biggest victories and a major piece of legislation to come out of the 2021 session. Legislators fast tracked the bill through committee hearings and it passed both chambers before the session’s end. Gov. Michelle Lujan Grisham signed the bill into law in February. Related: Governor signs bill repealing abortion ban into law: ‘a woman has the right to make decisions about her own body’
The bill repeals the 1969 statute that criminalized abortion and made it a fourth-degree felony for a medical practitioner to perform one. Ellie Rushforth, an attorney with the American Civil Liberties Union of New Mexico, called the 2021 Legislative session “historic.”
Rushforth said it was in contrast to other states, where in the first few months of 2021, state legislatures have introduced close to 400 pieces of anti-abortion legislation.
Called historic, New Mexico decriminalized abortion on Friday when Gov. Michelle Lujan Grisham signed the Respect New Mexico Women and Families Act into law, after years of efforts by abortion rights supporters. SB 10 repeals the 1969 statute that criminalized abortion by banning it with very few exceptions.
Lujan Grisham said “a woman has the right to make decisions about her own body.”
“Anyone who seeks to violate bodily integrity, or to criminalize womanhood, is in the business of dehumanization,” Lujan Grisham said in a statement. “New Mexico is not in that business – not any more. Our state statutes now reflect this inviolable recognition of humanity and dignity. I am incredibly grateful to the tireless advocates and legislators who fought through relentless misinformation and fear-mongering to make this day a reality.
Two years after a group of conservative Democrats, along with Republicans voted against decriminalizing abortion care, the state Senate passed SB 10 Thursday, 25 to 17. SB 10, sponsored by state Sen. Linda Lopez, D-Albuquerque, is called the Respect New Mexico Women and Families Act and has a mirror bill, HB 7, sponsored by Rep. Micaela Lara Cadena, D-Mesilla. The two bills remove three sections from the criminal code which, in 1969, banned abortion with some limited exceptions. The law has repeatedly been called archaic and advocates for its repeal said it included language contrary to how medicine is currently practiced. While the law is currently unenforceable, reproductive rights advocates have said that given the conservative bloc on the U.S. Supreme Court, Roe v. Wade could be gutted in the next few years.