A New Mexico abortion fund provider planned a coordinated effort to fly in more than 10 Texas abortion patients for one day of abortion care at an Albuquerque clinic last week. The effort is in response to Texas SB 8, which bans abortion after six weeks for people in Texas. New Mexico abortion providers have been stretched to accommodate the additional patients coming from Texas. Joan Lamunyon Sanford, executive director for New Mexico Religious Coalition for Reproductive Choice, which staged what she called the group’s “first action,” said it was the beginning of the launch of Pastoral Care for Abortion Access. A Texas chaplain and a case manager also traveled on the flight with the patients.
The U.S. Supreme Court appears likely to overturn Roe v. Wade or “effectively” overturn it, legal experts said on Wednesday after the court heard oral arguments on Mississippi’s 15-week abortion ban. The much-anticipated court case, Dobbs v. Jackson Women’s Health Organization, went before the court Wednesday for a two-hour oral argument. The state of Mississippi banned abortion at 15 weeks in 2019 and asked the court specifically to overturn the 1973 landmark decision. Ellie Rushforth, an attorney with the American Civil Liberties Union of New Mexico, said that, after listening to the court Wednesday morning, it seemed clear that the justices, “regardless of the arguments presented by the attorneys today are pretty well settled in their minds on this issue.”
Six of the nine justices are conservative and several have spoken explicitly or made previous rulings indicating that they oppose abortion. “It was pretty clear by the questions the justices asked and the way they were talking to one another that we don’t have the size necessary to uphold Roe as it stands today,” Rushforth said.
This fall, the U.S. Supreme Court is hearing oral arguments on anti-abortion bans that some say could have the potential to impact LGBTQ+ constitutional rights. The Supreme Court heard oral arguments earlier this month for two cases filed over Texas SB 8, which prohibits abortion at six weeks. On December 1, the Supreme Court will hear another case, Dobbs v. Jackson Women’s Health Organization, over the right of Mississippi to ban abortion at 15 weeks. Many rights that involve bodily autonomy, such as the right to contraception, the right to abortion and the right for same sex couples to marry, rest on the Supreme Court’s interpretation of the 5th and 14th amendments. “In the due process clauses of the 5th and 14th amendments there’s this protection of process when the government deprives us of life, liberty and property.
Vicki Cowart, president and chief executive officer for Planned Parenthood of the Rocky Mountains, was once thrown out of a business club in Caspar, Wyoming, for being a woman. It was a different time then, one in which job interviewers didn’t hesitate to ask women if they planned to have children and, if so, would they keep working, she said. Now such questions would be considered discriminatory and, potentially, actionable but Cowart, who has been leading PPRM since 2003, said facing repeated discrimination as a young professional, reading feminist literature and participating as an activist in her off time is why the last half of her career has been devoted to ensuring pregnant people have access to abortion in New Mexico, Colorado and Nevada. Cowart announced earlier this fall her plans to retire. She said she intends to continue until the board has found a replacement.
The U.S. Supreme Court heard oral arguments Monday morning for two cases related to the Texas law that bans abortion at six-weeks of gestation. The arguments presented procedural questions about whether or not a group of providers and advocates called Whole Women’s Health Coalition and the U.S. Department of Justice can bring separate lawsuits because the only state actors involved in SB 8 are state court judges and clerks. Texas lawmakers wrote the law in such a way as to abrogate responsibility for the law, leaving Whole Women’s Health Coalition in the position of needing to sue each state trial court judge and an injunction against every county clerk in the state of Texas. The DOJ is suing the state of Texas. If the court rules in either case in favor of either Whole Women’s Health Coalition or the DOJ, the case would go back to the lower court and allow the plaintiff’s legal challenge to the law proceed.
As Texas abortion rights yo-yo in the courts, one Planned Parenthood doctor said the volume in patients coming from Texas has not changed. Last week a federal Texas judge placed a temporary injunction on SB 8, the Texas law that bans abortion at six weeks, at the U.S. Department of Justice’s request. The DOJ is suing Texas over the law. But within 48 hours after the injunction, the 5th US Court of Appeals overturned the lower court’s injunction, making abortion illegal in the state of Texas, again, after six weeks gestation. According to national media, the DOJ has appealed and is asking the courts to reconsider placing an injunction on the ban.
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.