A bill that would provide rebates to tax filers in 2023 passed its first Senate committee on a 10-0 vote on Thursday. SB 10, Additional 2021 Tax Rebates, faced no opposition in the Senate Tax, Business and Transportation Committee from the public or in committee vote. State Sen. Benny Shendo Jr., D-Jemez Pueblo, is the primary sponsor of the bill. The bill, if enacted, would provide $750 in tax rebate to single filers and $1,500 in tax rebate to joint filers, head of household and surviving spouse filers who filed tax returns for tax year 2021. The estimated cost for the state is $1 billion for Fiscal Year 2023 and $10 million in Fiscal Year 2024. The funds are nonrecurring and would take advantage of the state’s oil and gas revenue surplus.
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.
Planned Parenthood of the Rocky Mountain clinics, which includes those in New Mexico, experienced a 130 percent increase in patients coming from Texas since August. The organization held a press conference on Monday alongside elected officials from New Mexico, Colorado and Nevada to discuss how the six-week gestational abortion ban in Texas has impacted the health care provider across the three states. In New Mexico alone, Planned Parenthood clinics have served 50 Texas patients since the ban began on September 1, Neta Meltzer, director of strategic communications for PPRM, said. Vicki Cowart, president and chief executive officer for PPRM, said the average wait time for an appointment at a Planned Parenthood clinic in New Mexico is now 21 days. She said Texas patients have had to travel, on average, 650 miles one-way to access abortion.
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.
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.
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.
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.
The bill that would repeal a state statute that criminalizes abortion care in New Mexico is now headed to Gov. Michelle Lujan Grisham’s desk after the House of Representatives passed it on a 40 to 30 vote. This is a priority bill for Lujan Grisham and she has indicated that she would sign it into law.
The House of Representatives took up SB 10 instead of HB 7, which are mirror bills. SB 10 already passed the state Senate by a vote of 25 to 17 on February 12, and was amended to clarify the bill’s title. Each chamber must pass identical legislation before it can be sent to the governor. Related: In historic turn, state Senate passes abortion ban repeal
Just as during the Senate floor debate, Republicans in the House attempted to amend the bill and argued for hours over keeping the section of the law that is considered by some healthcare workers as a refusal clause.
Gov. Michelle Lujan Grisham could have the bill that decriminalizes abortion care on her desk as early as late Friday, House Speaker Brian Egolf said during a Planned Parenthood Votes New Mexico event. Planned Parenthood Votes New Mexico, an arm of Planned Parenthood, held a remote event called “Toast of the Town” Wednesday evening. The Santa Fe Democrat was one of several speakers, including Lujan Grisham as the keynote speaker. Most of the talk during the hour-long event was about HB 7 and SB 10, mirror bills that would repeal the 1969 statute that bans abortion with few exceptions. SB 10 passed the state Senate in a historic win of 25 to 17 on February 12.
The bill to repeal the antiquated abortion ban is now one step from heading to the governor’s desk. SB 10, which was amended in the Senate, passed along party lines in an 8 to 4 vote Monday in the House Judiciary Committee. State Sen. Peter Wirth, D-Santa Fe, amended the bill on the Senate floor Thursday to add the names of the sections the bill would repeal for clarity. Related: In historic turn, state Senate passes abortion ban repeal
Otherwise, SB 10 is a mirror bill to HB 7, which is already on the House floor agenda. The House convenes again Tuesday at 11 a.m.
Daniel Marzec, communications director for the Office of the Speaker Brian Egolf, said by email Monday that the House would not hear HB 7 on Tuesday, the next day that the House is scheduled to meet on the House floor.