New Mexico
New Mexico supreme court strikes down local abortion pill restrictions
The New Mexico supreme court late on Thursday ruled against several local ordinances in the state that aim to restrict distribution of the abortion pill.
In a unanimous opinion, the court said the ordinances invaded the legislature’s authority to regulate reproductive care.
“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 the justice Shannon Bacon.
It declined to address whether the ordinances violated the state’s constitutional protections.
Abortion is legal in New Mexico, which has become a destination for women seeking abortions from Texas, especially, and other states that have banned the procedure following the US supreme court ruling in 2022 ending a woman’s constitutional right to abortion and handing powers over the issue to individual states.
Following that ruling, leaders of New Mexico’s Roosevelt and Lea counties and the towns of Clovis and Hobbs, all on the Texas border, passed ordinances seeking to stop abortion clinics from receiving or sending mifepristone, a pill taken with another drug to perform a medication abortion, and other abortion-related materials in the mail. Medication abortions account for more than half of all US abortions. Last June the supreme court upheld access to the drugs.
The ordinances invoked the federal Comstock Act, a 19th-century “anti-vice” law against mailing abortifacients, which are drugs that induce abortion, and said that clinics must comply with the law.
Under Roosevelt county’s ordinance, any person other than a government employee could bring a civil lawsuit and seek damages of at least $100,000 for each violation of the Comstock Act.
The New Mexico supreme court admonished this, saying that creating a private right of action and damages award was “clearly intended to punish protected conduct”.
The state attorney general, Raúl Torrez, praised the court’s ruling on Thursday, saying that the core of the argument was that state laws pre-empted any action by local governments to engage in activities that would infringe on the constitutional rights of citizens.
“The bottom line is simply this: abortion access is safe and secure in New Mexico,” he said. “It’s enshrined in law by the recent ruling by the New Mexico supreme court and thanks to the work of the New Mexico legislature.”
The New Mexico house speaker, Javier Martínez, called access to healthcare a basic fundamental right in New Mexico.
“It doesn’t take a genius to understand the statutory framework that we have. Local governments don’t regulate healthcare in New Mexico. It is up to the state,” the Albuquerque Democrat said.
Opposition to abortion runs deep in New Mexico communities along the border with Texas, however, which has one of the most restrictive bans in the US.
But Democrats, who control every statewide elected office in New Mexico and hold majorities in the state house and senate, have moved to shore up access to the service.
In 2021, the New Mexico legislature repealed a dormant 1969 statute that outlawed most abortion procedures as felonies, ensuring access to abortion even after the Roe v Wade reversal.
And in 2023, the Democratic New Mexico governor, Michelle Lujan Grisham, signed a bill that overrides local ordinances aimed at limiting abortion access and enacted a shield law that protects abortion providers from investigations by other states.
In September, construction began on a state-funded reproductive health and abortion clinic in southern New Mexico that will cater to local residents and people who travel from neighboring states.
The new clinic should open in 2026 to provide services ranging from medical and procedural abortions to contraception, cervical cancer screenings and education about adoptions.
It was not immediately clear whether the ruling can be appealed in federal court. The New Mexico supreme court opinion explicitly declined to address conflicts with federal law, basing its decision solely on state provisions.
The Texas-based attorney Jonathan Mitchell, a former Texas solicitor general and architect of that state’s strict abortion ban, said he looked forward “to litigating these issues in other states and bringing the meaning of the federal Comstock Act to the supreme court of the United States”.
Reuters and the Associated Press contributed reporting
SANTA FE, N.M. — Former New Mexico Public Regulation Commissioner Jim Ellison is running for governor as a Republican, he announced on social media Tuesday.
Ellison is running on affordability, opportunity and trust in government as the key points of his campaign. His experience includes serving on the NMPRC in 2023 and 2024.
“New Mexico deserves leadership that listens, acts, and delivers results. Our state has enormous potential, but too often that potential is held back by policies that don’t serve everyday New Mexicans,” he said on his website. “I’m running to bring practical solutions, honest accountability, and a renewed focus on the public interest.”
A Georgia native, Ellison has lived in New Mexico for 20 years and currently lives in the Albuquerque area with his wife and two children.
Ellison is aiming to get 5,000 signatures by Feb. 2, to appear on the primary ballot with at least three other Republicans who have announced their candidacy.
Ultra Health CEO Duke Rodriguez announced his campaign in December and recently confirmed to KOB 4 that he received enough signatures to appear on the primary ballot. Rio Rancho Mayor Gregg Hull and New Mexico State Sen. Steve Lanier are also running.
Three Democrats are running – Bernalillo County District Attorney Sam Bregman, Former Interior Secretary Deb Haaland and Former Las Cruces Mayor Ken Miyagishima.
ALBUQUERQUE, N.M. — A successful University of New Mexico Lobo athletics season and the athletics director’s departure has culminated in players and coaches making moves.
The moves follow a successful 2025 season and the departure of athletics director Fernando Lovo.
Running back coach John Johnson, special teams coordinator Daniel Da Prato and wide receiver coach Colin Lockett are all leaving the Lobos after just one season. Johnson is headed to Iowa State while Da Prato is expected to join Minnesota and Lockett is headed to UCLA, all for the same jobs.
Johnson’s Lobo running backs ran for more than 1,400 yards. Da Prato’s special teams finished top-five nationally in kickoff returns.
Running back D.J. McKinney entered the portal, he confirmed on social media the day the portal officially opened. McKinney rushed for 464 yards and seven touchdowns with the Lobos.
Two players who received all-Mountain West Conference recognition also made moves. All-Mountain West tight-end Dorian Thomas, who caught for touchdowns for the Lobos, entered the portal. Meanwhile, all-Mountain West honorable mention punter Daniel Hughes is set to leave.
Others set to leave include:
- Cole Welliver, backup quarterback who played in one game
- Landon Williams, defensive end who graduated from La Cueva High School
- Randolph Kpai, senior linebacker who is at the end of his college football career without a waiver
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