Abortion issues come before two other state Supreme Courts—in Arizona and Wyoming—this week as well.
Abortion access issues are up for debate in three state Supreme Courts this week, with at least one case carrying potential implications that stretch beyond its borders.
In New Mexico—where abortion is legal—state Supreme Court justices are being asked to consider whether individual cities and counties can pass local abortion bans and restrictions. The case stems from laws passed in two cities (Clovis and Hobbs) and two counties (Roosevelt and Lea) that banned the shipment of anything used to perform an abortion. New Mexico attorney general, Raúl Torrez asked the New Mexico Supreme Court to nullify these bans. Oral arguments in the case (State of New Mexico v. Board of County Commissioners for Lea County) are scheduled for Wednesday.
« The New Mexico Constitution provides broader protection of individual rights than the Federal Constitution, and these ordinances violate the New Mexico Constitution’s protection of equality, liberty, privacy, and inherent rights, » argued Torrez in his petition to the court. « The local governments’ actions also exceed their authority to legislate on a matter of statewide importance for which the Legislature has preempted local regulation. »
The case could reverberate beyond New Mexico, since the city and county bans in question all cite the federal Comstock Act. This 1873 law bans the mailing of obscenity, which is defined to include instruments of abortion (among other things).
