Santa Fe, New Mexico - The New Mexico Supreme Court issued a unanimous ruling on January 9, 2025, stating that counties and cities within the state cannot enact pro-life laws aimed at protecting pre-born babies. The court's decision affects several local governments that had passed "Sanctuary Cities for the Unborn" ordinances, known as Comstock Only Ordinances. These laws were not explicit abortion bans but were described as "de facto" abortion bans by requiring compliance with federal statutes prohibiting the mailing and receiving of abortion-inducing drugs and paraphernalia.
The New Mexico Supreme Court's overriding opinion said that these ordinances exceeded federal law requirements. It noted that some ordinances allowed city or county leaders to approve or deny licenses for abortion clinics and providers. "Because Respondents’ authority to regulate health care access and physician licensure is entirely preempted, Respondents’ police powers in these areas are extremely limited," the court wrote. "To the extent Respondents have any residual authority, they certainly have no power to supplant the will of the statewide electorate in favor of their own."
The ruling impacts Lea County, Roosevelt County, Eunice, Clovis, Hobbs, and Edgewood in New Mexico. These local governments argued that their ordinances were a lawful exercise of their powers to protect residents' health and safety.
Abortion Free New Mexico first reported on Lea County becoming the first county in New Mexico to take such action in 2019: "Lea County Board of County Commissioners passed 'A Resolution In Support of the Unborn,' making Lea County the FIRST Sanctuary County in New Mexico for the UNBORN! Jonathan Sena, District 4 County Commissioner sponsored the resolution."
Tara Shaver from Abortion Free New Mexico commented on the court's decision: "In 2022, the United States Supreme Court overturned Roe v. Wade and ruled that states all across the country can now enact and enforce laws protecting the unborn. The Sanctuary Cities for the Unborn ordinances were based on federal laws that should absolutely be enforceable in every state." She added that "the unconstitutional ruling by the New Mexico Supreme Court just proves that federal protection must be granted to restore personhood to the unborn because it should never be left up to corrupt states to arbitrarily decide who lives and who dies."
