New Mexico Supreme Court rules local government can’t enforce abortion restrictions

SANTA FE, New Mexico (KVIA) -- The state supreme court in New Mexico has ruled that counties and municipalities are prohibited from restricting abortion or regulating abortion clinics and providers.

In a unanimous decision released Thursday, the court overturned local ordinances put in place by Lea and Roosevelt counties and the cities of Hobbs and Clovis that attempted to restrict access to abortion services. Along with the decision, the Court issued a writ of mandamus prohibiting the local governments from enforcing the ordinances.

“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,” the Court wrote in its opinion by Justice C. Shannon Bacon. “Therefore, based on the independent and adequate state law grounds provided in the Reproductive and Gender-Affirming Health Care Freedom Act, the Medical Practice Act, the Medical Malpractice Act, and the Health Care Code, as well as the Uniform Licensing Act, we hold the Ordinances are preempted in their entirety.”

You can read the full decision in State ex. rel. Torrez v. Bd. of Cnty. Comm’rs for Lea County on the New Mexico Compilation Commission's website:

https://nmonesource.com/nmos/nmsc/en/item/531016/index.do