U.S. Supreme Court Justice Samuel Alito provided a history of abortion rights in the U.S. in his draft opinion for Dobbs v. Jackson Women’s Health Organization. His narrative, aimed at why the medical procedure should no longer have federal protection, focused on states making the medical practice illegal in the late 1800s and early 1900s. But both Indigenous people and historians have a more nuanced narrative. Alito noted when each state in the U.S. codified laws regulating abortion. New Mexico outlawed the procedure in 1919.
More than 200 individuals protested the potential “roll back” of abortion rights on Saturday in Las Cruces. The U.S. Supreme Court’s draft decision, leaked in early May, on Dobbs v. Jackson Women’s Health Organization indicated the court will likely overturn the 1973 decision that expanded reproductive rights in the U.S. nearly 50 years ago. Within 24 hours about 100 people gathered outside of the Las Cruces City Hall to protest. The protest this past weekend brought out more people. Thousands protested in cities all across the U.S., including Albuquerque.
Amid honking horns at the corner of Main Street and Picacho Street, protesters held signs.
Earlier this spring, the need for financial assistance to obtain an abortion caused abortion fund provider Indigenous Women Rising to take a break so the grassroots organization could “catch up” financially. The need was “so intense” IWR almost ran out of money, Rachel Lorenzo (Mescalero Apache/Laguna Pueblo/Xicana), co-founder of IWR, said. Lorenzo, who uses they/them pronouns, said that the group is still on break. But when IWR returns to funding abortion patients later this month, the organization will return to its original mission of providing abortion care funding to Indigenous individuals. Last year, in response to the Texas “vigilante” law that prohibits abortion in that state after six weeks, IWR broadened its funding to include undocumented individuals.
Responding to the U.S. Supreme Court’s draft document that, once leaked in early May, revealed the court appears poised to overturn Roe v. Wade, a new student group at New Mexico State University is taking shape. The U.S. Supreme Court heard Dobbs v. Jackson Women’s Health Organization last December. The state of Mississippi passed a 15-week gestational ban in 2018 and has asked the high court to consider overturning Roe v. Wade in its decision. The draft decision, leaked to Politico and released in early May, has led to protests and Democrats in the U.S. Senate making a second attempt this year to codify Roe v. Wade into federal law. Dan Vargo, a graduate student at NMSU, initiated a call to fellow graduate students shortly after Politico released the court’s draft document.
If the U.S. Supreme Court overturns Roe v. Wade, as is now expected this summer, the rights of the LGBTQIA+ community will be thrown into jeopardy, advocates believe. In the leaked draft opinion that reveals the Supreme Court will likely overturn Roe v. Wade this summer, Supreme Court Justice Samuel Alito attacked the court’s arguments written into the Roe v. Wade decision affirming the right to abortion. He also took aim at Casey v. Planned Parenthood, the 1992 decision that reaffirmed Roe. Roe v. Wade rests on the argument that individuals have a right to privacy and that the right can be found in the 14th Amendment and in other amendments. Subsequent rulings that effect LGBTQIA+ rights, such as Obergefell v. Hodges, the 2015 decision granting the right to same sex marriage, rests on a similar argument.
Planned Parenthood of the Rocky Mountains and other providers could be opening up more brick-and-mortar abortion clinics near New Mexico state lines, one official with PPRM said. On the heels of the leaked U.S. Supreme Court document this week, Oklahoma Gov. Kevin Stitt signed a bill Tuesday, effectively immediately, that initiated a Texas-style mechanism to make abortion unobtainable in that state at about six weeks gestation. The law would allow anyone to sue an organization or individual who “aids and abets” a patient receiving an abortion on or about six weeks gestation. Officials with Planned Parenthood of the Rocky Mountains told NM Political Report earlier this week, before Politico reported on the U.S. Supreme Court draft decision indicating the court will likely overturn Roe v. Wade this summer, that what’s been happening in Oklahoma could be a precursor of what’s to come for New Mexico in the coming months. Earlier this year, Stitt signed a law that will outlaw the procedure entirely except in the event of a medical emergency, punishable as a felony and a $100,000 fine.
If the Supreme Court’s leaked draft decision on Dobbs v. Jackson Women’s Health Organization becomes reality in late June or early July, New Mexico will remain what some have called “a beacon” of legal abortion care. The state legislature passed and the governor signed last year the Respect New Mexico Women and Families Act, which repealed old language from the criminal code banning abortion in 1969. While the antiquated language had not been enforceable since 1973, many policy makers worked to pass the repeal of the old ban before a conservative-leaning state challenged Roe v. Wade at the Supreme Court level. State Rep. Joanne Ferrary, D-Las Cruces, who was the lead sponsor on a previous version of the Respect New Mexico Women and Families Act, told NM Political Report that because of that “foresight,” to “fight forward” the state now doesn’t have to “fight backwards” on abortion rights. She said that, at this time, she is not preparing legislation for further protections on abortion in the state for the next session, beginning in 2023, because of the successful repeal of the ban in 2021.
The leaked draft of a U.S. Supreme Court decision on the case that appears poised to overturn Roe v. Wade woke up many on Tuesday to a “shocking” reality which may be imminent. Politico released on Monday a leaked draft document, dated February from the Supreme Court. The document is a majority opinion on Dobbs v. Jackson Women’s Health Organization, the case the court heard in early December. Because the document is still a draft, there is still opportunity for the court to rule differently in late June or early July, though it appears unlikely with the current makeup of the court. Supreme Court Justice Samuel Alito authored the draft, which overturns Roe v. Wade and rules in favor of the state of Mississippi in the Dobbs case.
With a Supreme Court decision expected this summer on the Mississippi anti-abortion law most court watchers believe will overturn or gut protections granted by Roe v. Wade, Democrats and Republicans could find abortion playing a large role in the upcoming race for U.S. House representation in southern New Mexico. This summer, the U.S. Supreme Court will deliver its decision on Dobbs v. Whole Women’s Health. Mississippi passed a law in 2018 that outlawed abortion after 15 weeks. The one abortion provider in the state offers abortion up to 16 weeks. The law is not currently in effect in Mississippi because the lower courts struck it down as unconstitutional, but Mississippi asked the Supreme Court to hear the state’s appeal.
A U.S. Supreme Court decision this week on an abortion issue has larger repercussions for constitutional rights, advocates say. In an 8-1 decision, the court ruled in favor of allowing Republican Kentucky Attorney General Daniel Cameron to readdress a Kentucky abortion ban already resolved under Democrat Kentucky Governor Andy Beshear’s administration. A Kentucky bill prohibiting medical professionals from performing surgical abortion became law under a Repbulican administration. But under a new Democratic administration, the state of Kentucky dropped the appeal process in 2019 and the law, declared unconstitutional by a lower court, did not go into effect. Cameron, who had not been a part of the original lawsuit, then asked to appeal the lower court’s decision that the Kentucky law is unconstitutional.