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.
With the passage of legislation to repeal the state’s outdated abortion ban and the New Mexico Civil Rights Act, many in the reproductive justice community called the 2021 Legislative session “extraordinary.”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.
With a new set of members in the state Senate, a bill to repeal the New Mexico 1969 abortion ban is expected to be filed in the upcoming New Mexico Legislature. Six Democrats who support abortion rights beat Republicans in November, in some cases after defeating anti-abortion Democrats in June’s primary, for state Senate seats, tipping the balance of power further to the left in the upper chamber. The state Senate defeated the 2019 effort to repeal the antiquated state law that bans abortion with few exceptions. Related: State Senate shifts left with progressive wins
Of the eight Democrats who sided with Republicans on the repeal vote two years ago, only two remain: state Sen. George Muñoz, D-Gallup, and state Sen. Pete Campos, D-Las Vegas. Incoming state Senators Carrie Hamblen, Siah Correa Hemphill and Leo Jaramillo, all progressive Democrats who ran on reproductive health, defeated their incumbent Democrat opponents in the primary and then won again in November against their Republican challengers.
U.S. Senate Republicans on the Senate Judiciary Committee voted unanimously Thursday to move the nomination of Judge Amy Coney Barrett to the U.S. Supreme Court to the full Senate. Democrats on the committee boycotted the vote and left posters of people who might be affected by the loss of the Affordable Care Act in their seats. One of the first cases Barrett will likely hear as a newly sitting U.S. Supreme Court justice will be a challenge to the ACA. Related: New SCOTUS conservative bloc could overturn ACA, with big impacts on NM
The Senate will vote on Barrett’s confirmation Monday. Senate Republicans need only a slim majority to confirm her.
A court case that could affect anti-discrimination laws in New Mexico will soon be before the U.S. Supreme Court. The case, Fulton v. the City of Philadelphia, will be heard by the Supreme Court next month. The case involves a Catholic-based organization that sued the city of Philadelphia because the city refused to allow the organization to continue a contract to house youth in foster care because the organization discriminates against same-sex couples. Marshall Martinez, interim executive director of Equality New Mexico, said that if the case is decided by a conservative majority on the court, then a contractor who receives tax payer funding to provide, for instance, homeless shelter services or foodbank services through a government contract could refuse to house or provide food to queer or transgender people. Martinez said that if the court rules against the city of Philadelphia broadly and bases its opinion on a religious argument, then the case could be interpreted to allow one faith-based organization to discriminate against people of other faiths and deny services to people of other faiths.
While reproductive rights activists worry about the future of abortion rights in the state, some candidates say voters are particularly focused on the issue. With the passing of U.S. Supreme Court Justice Ruth Bader Ginsburg on September 18 and President Donald Trump’s nomination of Judge Amy Coney Barrett to the high court, reproductive rights advocates’ efforts to repeal New Mexico’s 1969 law is now of even greater urgency for many. If the court overturns Roe v. Wade, New Mexico’s 1969 law, which criminalizes abortion, would again go into effect. Siah Correa Hemphill, a Democrat running for State Senate District 28 in southern New Mexico, said she has received several phone calls and emails from constituents in her district in recent weeks asking about her position on abortion rights. “I know it’s on the mind of many people.
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.
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.
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.
United States Supreme Court Justice Ruth Bader Ginsburg will be in New Mexico next month for an annual law convention. Ginsburg will serve as the keynote speaker for the State Bar of New Mexico’s Bar and Bench conference in August. State Bar executive director Joe Conte said the organization is “excited and grateful” that Ginsburg is willing to come and speak to the legal community. “She’s a woman who’s got decades of life to share with us,” Conte said. Ginsburg recently received immense media attention after she made disparaging remarks about presumptive Republican presidential nominee Donald Trump.