The ordinances to restrict abortion access enacted by Hobbs, Eunice and Lea County, as well as by Clovis and Roosevelt County, have been temporarily – if not forever – blocked by the New Mexico Supreme Court. The high court’s unanimous decision was rendered on Friday, March 31.

The Supreme Court order states that the ordinances “…shall have no effect until further order of the court.”

According to an Albuquerque Journal article, “…the unanimous order also directed the parties [both plaintiff and defense] to file responses and said justices might hold a hearing on the case.” Requested responses are to address how local ordinances affect the newly signed Reproductive and Gender Affirming Health Care Freedom Act. Responses must be filed by April 20.

Supreme Court Responds to Attorney General’s Emergency Petition 

The Supreme Court’s action is an outgrowth of the 27-page “emergency petition” New Mexico Atty. Gen. Raúl Torrez filed in January. Atty. Gen. Torrez challenged anti-abortion ordinances passed by southeastern New Mexico cities and counties in response to the US Supreme Court striking down of Roe vs. Wade. Atty. Gen. Torrez argues that the ordinances violate civil rights guaranteed by the New Mexico State Constitution and that they “…infringe on the state’s authority to regulate health care”, not to mention attempting to “create a series of local abortion ban[s]”, states the Albuquerque Journal.

Atty. Gen. Torrez is on record as saying in a news conference, “It is simply inappropriate, unlawful and unconstitutional for local governments to use their limited authority to try to create a patchwork of regulations that would deny women access to essential health care services in their community.” It appears that the New Mexico Supreme Court agrees with him.

The high court ruling is in line with Gov. Michelle Lujan Grisham’s recent signing of the Reproductive and Gender-Affirming Health Care Act “…that overrides any local ordinances aimed at limiting access to abortion procedures and medications,” states an article posted at FoxNews.com.

Local Officials Say Little

The Lea County Tribune has learned that one, unnamed Hobbs commissioner is on record as stating that he is “disappointed” by the high court’s order. Comments by other officials from Eunice, Hobbs and Lea County have not been published. 

About comments from local officials, KRQE News said, “…some officials from the communities that enacted these local ordinances said they were simply acting to support the desires of the people of the community.” Clovis mayor Mike Morris told KRQE, “The elected officials here, the City Commission, felt it important that they act on what the community was asking them to do in enacting that ordinance.”

Realizing that the abortion issue is emotionally charged and family values are strong in southeastern New Mexico, Morris added, “I think what’s most important as we navigate this is that we show respect to both sides of the argument and that we not allow it to divide New Mexicans.”

What Happens Next 

Last Friday’s New Mexico Supreme Court order does not put an end to the local ordinance issue. It blocks the ordinances until further notice. The high court likely will hold a hearing on the case after reviewing briefs that must be submitted by local cities and counties by April 20. Local attorneys will be responsible for making the legal arguments that support the enactment of the abortion-restrictive ordinances by their cities and counties.

About what is forthcoming from his office Atty. Gen. Torrez says. “I think what you will see is a two-part argument that is presented to the Supreme Court that says there’s not only a constitutional basis, but now, there’s a clear and unambiguous statutory basis for making sure that this fundamental right is protected in every community throughout the state. My hope is that [the constitutional basis and the statutory basis] will put to rest the question about whether or not New Mexico is a state that will continue to protect a woman’s right to control her own body and to control the most fundamental question about her health and her future.”