New Mexico Supreme Court Invalidates Local Abortion Pill Restrictions

The court ruled unanimously that local ordinances restricting abortion access violate state law, reinforcing New Mexico’s stance as a safe haven for abortion rights.

• The New Mexico Supreme Court struck down ordinances in conservative counties and towns aimed at restricting the distribution of abortion pills like mifepristone.
• The court ruled that local governments cannot regulate reproductive healthcare, as this authority lies solely with the state legislature.
• The decision preserves abortion access in New Mexico, which has become a destination for individuals from states with restrictive abortion bans, including neighboring Texas.
• The ordinances cited the federal Comstock Act, a 19th-century law against mailing abortifacients, but the court rejected these arguments, emphasizing state law preemption.
• New Mexico has enacted measures to protect abortion access, including repealing outdated abortion bans and passing laws shielding providers from out-of-state investigations.

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