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2023 Top Stories #1: Anti-abortion efforts go local – NM Political Report

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2023 Top Stories #1: Anti-abortion efforts go local – NM Political Report


Note: Every year, we count down the top ten stories of the year, as voted on by NM Political Report staffers. Earlier this month, the New Mexico Supreme Court heard oral arguments over whether a group of cities and counties in eastern New Mexico had violated state law by passing anti-abortion ordinances. New Mexico Attorney General Raúl Torrez asked the court to […]

Note: Every year, we count down the top ten stories of the year, as voted on by NM Political Report staffers.

Earlier this month, the New Mexico Supreme Court heard oral arguments over whether a group of cities and counties in eastern New Mexico had violated state law by passing anti-abortion ordinances. New Mexico Attorney General Raúl Torrez asked the court to go further and also determine if the state’s constitution protects abortion under its Equal Rights Amendment. 

The court took the arguments into consideration and did not rule from the bench. But the six local governments that passed anti-abortion ordinances, Clovis, Eunice, Hobbs, Edgewood and Roosevelt and Lea counties, began to do so about 13 months ago. Some city councils deliberated over the question of passage over multiple meetings. All of them heard hours of debate from the public and held meetings that ran for hours. The Edgewood City Council didn’t vote didn’t until around 1 a.m., eight hours after its public meeting began at 5 p.m. the evening before.  

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The city of Eunice sued Torrez and Governor Michelle Lujan Grisham during the winter months to maintain its anti-abortion ordinance. Eunice’s suit is based on the Comstock Act, a law the U.S. Congress passed under the Ulysses S. Grant administration when a post master named Anthony Comstock made an appeal because of the pornography and drugs being passed off as medicine he saw traveling through the U.S. mail. 

A University of New Mexico legal scholar said the U.S. Supreme Court’s Griswold v. Connecticut decision in 1965, which ended state bans on married couples’ use of contraception, made the Comstock Act null and void. 

But Eunice and other of the small governments that have passed the anti-abortion ordinance have made the argument that the court’s overturning Roe has meant the Comstock Act is in effect now. The argument overlooks the fact that Congress passed the law prior to the creation of the U.S. Food and Drug Administration in the early 1900s. The FDA now has oversight over abortion medication and other drugs.

After Edgewood, about a 30-minute drive from Albuquerque, became the sixth local government to pass an anti-abortion ordinance, New Mexico became the abortion safe-haven state with the most anti-abortion ordinances passed at the local level, a reproductive rights organization that tracks these things said. As of mid-2023, only Nebraska and Texas had passed more anti-abortion ordinances at the local level.

Soon after Torrez took office at the beginning of 2023, he filed suit against the small governments that had passed the anti-abortion ordinances. A few months later, the New Mexico legislature passed and Gov. Michelle Lujan Grisham signed a few days later a law that prohibits public bodies from discriminating against reproductive and other rights. The primary sponsor of that bill, state House Rep. Linda Serrato, D-Santa Fe, said she was trying to prevent what she called a patchwork of regulations. She said the bill was being discussed before the small governments began passing the anti-abortion ordinances because it was obvious where the next frontier in the abortion battle would go.

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Torrez asked the state Supreme Court to consider whether the ordinances were in violation of the new state law.

New Mexico set a date in August 2023 to hear oral argument. 



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New Mexico

Poll: Vasquez leads Herrell in New Mexico's 2nd Congressional District race

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Poll: Vasquez leads Herrell in New Mexico's 2nd Congressional District race


ALBUQUERQUE, N.M. — A new KOB 4/SurveyUSA poll shows that incumbent Democratic U.S. Rep. Gabe Vasquez has a solid lead over Republican challenger Yvette Herrell.

We asked voters in New Mexico’s Second Congressional District, “If the election was held today, who would you vote for?” Here were the results:

  • Gabe Vasquez: 51%
  • Yvette Herrell: 42%
  • Undecided: 8%

582 likely voters surveyed. Credibility interval of +/- 4.5 percentage points

This race is a rematch of two years ago when Vasquez beat Herrell when she was the incumbent. Vasquez has served CD-2 since winning in 2022, representing much of southern New Mexico, including communities like Alamogordo, Carlsbad, Silver City and Las Cruces, and parts of the Albuquerque metro like the West Side and the South Valley.

We asked voters, “What is your opinion on Gabe Vasquez?”

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  • 45% have a favorable opinion of him
  • 31% have an unfavorable opinion
  • 18% are neutral
  • 5% have no opinion

582 likely voters surveyed. Credibility interval of +/- 4.5 percentage points

We also asked voters about their opinion on Yvette Herrell:

  • 34% have a favorable opinion
  • 41% have an unfavorable opinion
  • 20% are neutral
  • 6% have no opinion

582 likely voters surveyed. Credibility interval of +/- 4.5 percentage points

There are many issues that are playing into elections across the board so we asked CD-2 voters, “Which of these issues will have the most influence on your vote for the U.S. House of Representatives?”

  • Immigration and border: 28%
  • Abortion: 17%
  • Inflation: 16%
  • Crime: 12%

582 likely voters surveyed. Credibility interval of +/- 4.5 percentage points

Jumping off of that question, we also asked about how much of a deciding issue immigration and the border is:

  • Conservatives: 48%
  • Moderates: 22%
  • Liberals: 5%

And about how much of a deciding issue abortion is:

  • Conservatives: 5%
  • Moderates: 15%
  • Liberals: 42%



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New Mexico

Nina Otero-Warren: A powerful voice for New Mexico women, children and education

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Nina Otero-Warren: A powerful voice for New Mexico women, children and education


Consuelo Bergere Kenney Althouse received an unexpected phone call in March 2021.

The voice on the other end of the line was an attorney from the U.S. Department of the Treasury seeking permission to decorate millions of commemorative quarters with the face of Althouse’s distant relative, Adelina “Nina” Otero-Warren.

To Althouse, Otero-Warren was one among a “mantle of tías” — a looming but loving group of women with shiny shoes, tight buns and high expectations — in Althouse’s large Santa Fe family. Althouse had grown up visiting Las Dos, Otero-Warren’s homestead in the hills north of Santa Fe, for family celebrations. 

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New Mexico

Behind the scenes of the Bernalillo County Metropolitan Court

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Behind the scenes of the Bernalillo County Metropolitan Court


ALBUQUERQUE, N.M. — The Metropolitan Court of Bernalillo County had another packed docket Saturday morning.

 “We are the busiest courthouse in the state. We see more than every other courthouse does, from the traffic tickets to the misdemeanor cases and the initial felony cases that are filed here,” said Metropolitan Court Chief Judge Joshua Sanchez.

Sanchez says the court oversees about 100 cases a day and Saturday New Mexico’s top judge, Chief Justice David Thomson of the New Mexico Supreme Court, got a firsthand look at the court’s caseload.

Sanchez says he welcomes the visit.

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“We go to these statewide meetings, and they hear about how things happen. But until you actually kind of sit there with another judge and see what happens, it’s kind of eye-opening to see the kind of controlled chaos that we have on a Saturday morning,” he said about the visit.

He adds their biggest challenge at Metro Court is the case load.

Thomson says he plans to visit courts statewide to see these challenges for himself.

“I think it’s a good idea just to come down and see it. And what you see, if you watch these, is you see all the interactions between what we face, just not as a court system, as a society, right?” said Sanchez.

Just from one morning sitting in on court proceedings, he said it’s clear mental health plays a huge part in a lot of the cases metro court hears.

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“If there are questions of competency, we can catch those questions here, rather when they get transferred to felony court, that’s one, can they be assessed early on,” Thomson said.

He also noticed a lot of repeat offenders.

“I think it’s very helpful to see it firsthand. On a few of these individuals. I’ve actually asked to look at some of the criminal history, so I have an understanding of the particulars,” said Thomson.

Sanchez said he hopes for more visits like this in the future.

“It’s just nice to give some real perspective and validates, I think, a lot of the things that we do communicate to AOC and the Supreme Court and things that we’re seeing,” said Thomson.

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