New Mexico Supreme Court rules local governments cannot restrict abortion services

SANTA FE, N.M. — The New Mexico Supreme Court ruled Thursday state law prevents local governments from restricting abortion or regulating abortion clinics and providers.

The state high court’s unanimous ruling invalidates ordinances that Lea and Roosevelt counties and the cities of Hobbs and Clovis passed to restrict access to abortion services. The court issued a writ of mandamus prohibiting local governments from enforcing ordinances like these.

“Our Legislature granted to counties and municipalities all powers and duties not inconsistent with the laws of New Mexico. The Ordinances violate this core precept and invade the Legislature’s authority to regulate access to and provision of reproductive healthcare,” Chief Justice Shannon Bacon wrote in the court’s opinion.

The court ruled certain state laws, such as the Reproductive and Gender-Affirming Health Care Freedom Act, provided them with a basis to prevent the enforcement of the ordinances. Because of this, Justices said they didn’t address if the ordinances violated the state constitution.

“Our forbearances of the constitutional questions, however, should not be construed as commentary on their merit. Rather, we heed the canon of constitutional avoidance and refrain from deciding constitutional issues unnecessary to the disposition of this case,” the court’s opinion stated.

In Jan. 2023, New Mexico Attorney General Raúl Torrez sued the aforementioned cities and counties after they passed ordinances to limit abortion. Torrez said local governments are overstepping their authority. He said he believed the state constitution protects a woman’s right to seek an abortion and that these local governments are simply taking notes from other states.

MORE: AG Raúl Torrez sues state counties, cities over abortion ordinances

The case made its way to the New Mexico Supreme Court that December. An attorney for Lea County argued their action is allowed under the federal Comstock Act, which bans the mailing of abortion-related materials. Attorneys for the City of Hobbs also argued the ordinances are just business and that they have the right to regulate that. 

MORE: NM Supreme Court hears arguments on local abortion restrictions

New Mexico Gov. Michelle Lujan Grisham issued the following statement on the ruling:

“Today’s unanimous Supreme Court decision affirms what we’ve known all along – healthcare decisions belong to New Mexican women and their doctors, not politicians. While some communities may disagree, our state constitution and laws are clear. No city or county can restrict the fundamental rights of New Mexicans or override state law.

This ruling ensures that New Mexico will remain a safe haven for healthcare access and individual freedom. We will continue protecting reproductive rights while neighboring states strip them away. I’m grateful to Attorney General Torrez and to our Supreme Court for defending the rule of law and the rights of all New Mexicans.

Let me be crystal clear: as long as I’m governor, New Mexico will fight any attempt to limit reproductive healthcare access, whether those challenges come from local ordinances, other states, or the federal government. Healthcare decisions are personal, and they’ll stay that way in New Mexico.”