March 8, 2023
FOR IMMEDIATE RELEASE
Santa Fe, NM – The New Mexico Attorney General’s Office filed a supplemental briefing in support of its petition asking the New Mexico Supreme Court to prohibit local governments from denying access to reproductive healthcare.
On January 23rd, Attorney General Raúl Torrez filed a Petition for Writ of Mandamus seeking to declare city and county ordinances unconstitutional in their attempt to regulate abortion access. In response to the Petition, the respondents argued that they were empowered to regulate access to reproductive healthcare under the Comstock Act of 1873. The latest filing by the New Mexico Attorney General’s Office clearly demonstrates that this antiquated federal law does not confer the kind of authority these communities claim to be exercising and that state rather than federal law controls how healthcare is regulated in New Mexico.
“Statewide access to healthcare is not determined by cities and counties. All New Mexicans deserve equal access to health care, including abortion services, regardless of where they live in the state,” said AG Torrez. “Our response reiterates that the petition rests on the violation of the New Mexico Constitution by the cities and counties. We will continue to push back against any local government in New Mexico that oversteps its legal authority.”
A copy of the motion is below.