New Mexico attorney general files legal challenge against local abortion bans

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Published Wednesday, January 25, 2023
by Tom Joyce

(The Center Square) - New Mexico Attorney General Raul Torrez wants to crack down on New Mexico towns and counties that have banned abortion.

The Democrat filed an extraordinary writ in the New Mexico Supreme Court Monday against Roosevelt County, Lea County, and the cities of Hobbs and Clovis for passing abortion bans that advocates call sanctuaries for the unborn. 

These communities have passed laws banning abortion in their communities, hoping to prevent abortion clinics from opening in their respective towns and counties.

Torrez thinks these laws are illegal and wants to see them struck down. 

Torrez does not think local governments have the authority to regulate abortion under New Mexico law, according to a press release issued by his office.

"This is not Texas. Our State Constitution does not allow cities, counties or private citizens to restrict women's reproductive rights," he said in the release. "Today's action should send a strong message that my office will use every available tool to swiftly and decisively uphold individual liberties against unconstitutional overreach."

Torrez also referred to abortion as an "inalienable right" in the release.

"Women in every corner of New Mexico should rest assured that we will push back against any attempt to infringe on their inalienable right to make the most personal decision about their lives, their health, and their families," he said.

Abortion is legal at all stages of pregnancy in New Mexico.

The extraordinary writ filed by Torrez is available here.

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