New Mexico Supreme Court disallows ‘friend of the court’ briefs in favor of pro-life ordinances

On December 13, 2023, the New Mexico Supreme Court will hear oral arguments regarding whether or not local pro-life ordinances in the state are legal following the enactment of the Reproductive and Gender-Affirming Healthcare law.

According to NM Political Report, the Reproductive and Gender-Affirming Healthcare law, which was signed into law on March 16, 2023, says that state or local governments, advisory boards, commissions, agencies, or entities that receive public funding “shall not deny, restrict or interfere with a person’s ability to access or provide reproductive health care…”

It also states, “A public body or an entity or individual acting on behalf of or within the scope of the authority of a public body shall not deprive, through prosecution, punishment or other means, a person’s ability to act or refrain from acting during the person’s pregnancy based on the potential, actual or perceived effect on the pregnancy.”

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There are no regulations on abortion in the state of New Mexico, which has seen an increase in abortion facilities and a Planned Parenthood abortion business expansion since the overturning of Roe v. Wade. New Mexico is also home to Southwestern Women’s Options, the abortion facility responsible for the death of 24-year-old Keisha Atkins during a 24-week abortion.

There are four cities and two counties in New Mexico that have established themselves as Sanctuary Cities for the Unborn, with ordinances that prevent abortion facilities from setting up shop. New Mexico Attorney General Raúl Torrez filed an emergency petition with the state Supreme Court in March, shortly after the new law was signed, to block the ordinances in Lea and Roosevelt counties and the cities of Hobbs and Clovis.

The state Supreme Court has requested that all parties involved file briefs explaining what effect the Reproductive and Gender-Affirming Healthcare law has on those local ordinances.

In a clearly biased move, the court allowed some pro-abortion groups the chance to file amici briefs in favor of blocking the pro-life ordinances, it has denied pro-life groups the opportunity to file amici curiae on behalf of the sanctuary cities.