New Mexico Supreme Court overturns local abortion restrictions

The New Mexico Supreme Court in Santa Fe.

SANTA FE, N.M. (NB360) — The New Mexico Supreme Court on Thursday invalidated abortion restrictions imposed by conservative cities and counties, following a request from the state attorney general.

This unanimous decision strengthens the state's stance as having some of the most permissive abortion laws in the nation. The ruling ensures continued access to abortion services throughout a state that has become a key destination for individuals from states with prohibitive bans.

Lawyers representing Lea and Roosevelt counties and the cities of Hobbs and Clovis in New Mexico argued that local abortion ordinances cannot be overturned based on provisions within the Comstock Act, known as the “anti-vice” law.

Justice C. Shannon Bacon, writing for the majority, stated that state law prevents cities and counties from imposing restrictions on abortion or regulating abortion clinics.

“The ordinances violate this fundamental principle and encroach upon the Legislature’s authority to regulate access to and provision of reproductive healthcare,” she wrote. “We hold the Ordinances are preempted in their entirety.”

Opposition to abortion is strong in New Mexico communities near the Texas border, where one of the strictest bans in the U.S. is in place.