New Mexico Attorney General Hector Balderas joined attorneys general from 22 other states and the District of Columbia on an amicus brief in support of the U.S. Attorney General’s suit against Texas’ six-week gestation ban. Massachusetts Attorney General Maura Healey is the lead on the brief but Balderas spoke along with Healey during a press conference held virtually on Wednesday to discuss the amicus brief and the Texas law that went into effect at the beginning of September. U.S. Attorney General Merrick Garland announced last week the U.S. Department of Justice is suing Texas to stop the unconstitutional six-week gestational abortion ban. The attorney’s general amicus brief is a document that provides support to the DOJ’s lawsuit. Calling the Texas six-week gestational ban “another reckless attempt at Texas restricting the rights of women and families across this country,” Balderas cited the various ways the Texas law is harming individuals living in New Mexico.
Dobbs v. Jackson Women’s Health, the U.S. Supreme Court case on Mississippi’s 15-week gestational ban, is not the only reproductive healthcare case that the high court could hear this year, according to Supreme Court watchers. The date for Dobbs v. Jackson Women’s Health has not been set yet but Ellie Rushforth, an attorney for the American Civil Liberties Union of New Mexico, said the court usually doesn’t deliver its opinion on abortion cases until June or July. “Then begins an election,” Rushforth said, indicating the 2022 mid-term races between Republicans and Democrats will begin in earnest. Rushforth said the court will not likely hear oral arguments on Dobbs v. Jackson Women’s Health until December at the earliest. Dobbs v. Jackson Women’s Health has the potential to upend Roe v. Wade.
Growing evidence indicates that lesbian, gay, bisexual, transgender and queer adults experience worse cardiovascular health than their cisgender heterosexual peers according to the American Heart Association. For instance, transgender men are twice as likely to have a heart attack than cisgender men and four times as likely than cisgender women, according to the AHA. Transgender people are also more likely to experience blood clots when undergoing estrogen hormone therapy, the AHA reported. The scientific paper appeared in the AHA’s scientific journal Circulation last week. It described the multi-layered ways LGBTQ or questioning individuals have higher risk factors – primarily due to stress from discrimination – for cardiovascular disease when compared to their cisgender heterosexual peers.
The U.S. Supreme Court’s decision on Fulton v. the City of Philadelphia is not likely to a impact the New Mexico LGBTQ community, legal experts and advocates have said. Fulton v. the City of Philadelphia asked the Supreme Court to decide if Catholic Social Services (CSS) could continue its contract with that city to help find foster families even though the city said it couldn’t because CSS discriminates against same sex couples in its fostering application. The Supreme Court heard the case last fall and when the U.S. Congress was considering Justice Amy Coney Barrett for nomination to the bench, members of the LGBTQ community in New Mexico worried that a more conservative bench could overturn precedent and allow discrimination, which in turn could have a ripple effect in New Mexico. Related: U.S. Supreme Court could roll back LGBTQ equality
But, Ellie Rushforth, an attorney with the American Civil Liberties Union of New Mexico, said the court’s decision in June was so narrow it would only apply to this particular case wouldn’t likely have an impact in New Mexico. “I disagree with the finding but what the court said is, because the city contract contained a mechanism for offering individual discretion to the agencies, the court held the city could not refuse to extend the contract to Catholic Social Services,” she said.
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.
When Carissa McGee was 16 years old, she was sentenced to 21 years in an adult correctional facility for stabbing two members of her family. McGee told NM Political Report she was mentally ill at the time, but the judge still sentenced her to more than two decades in prison. “I experienced my ultimate low. I was sentenced at 16 years old. I didn’t know what 21 years would feel like,” McGee said.
After a year of legal fighting over mifepristone, the Food and Drug Administration has reversed itself, allowing the abortion medication to be prescribed during the COVID-19 pandemic through telehealth. The FDA, under the Donald Trump administration, would not allow mifepristone to be prescribed through telehealth, citing safety concerns, during the COVID-19 pandemic. Because of 20-year-old regulations around mifepristone, patients are normally required to travel to a clinic to pick up the pill. But, the pill can be safely taken at home. In the spring of 2020, after the COVID-19 pandemic began, the American Civil Liberties Union (ACLU) sued the FDA on behalf of the American College of Obstetrics and Gynecologists (ACOG).
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.