Women’s rights advocates and those who oppose them are all abuzz with the news that the United States Supreme Court plans to strike down Roe vs Wade, the 1973 decision that federally guarantees a woman’s constitutional right to have an abortion.

Politico leaked on Monday, May 2 the “initial draft” of the Supreme Court’s majority opinion that would strike down the landmark ruling. The publication quotes Justice Samuel Alito as writing, “‘Roe was egregiously wrong from the start.'” The original ruling granted the right to an abortion on the basis that the Constitution provided for a “right to privacy”, making it the woman’s choice of what to do with her body.

Governor Michelle Lujan Grisham “Outraged“

New Mexico Governor Michelle Lujan Grisham was quick to express her dismay about the possible overturn of Roe vs Wade. On Tuesday, May 3, she is quoted in a press release issued by her office as stating, “‘I am outraged and horrified. While many of us have predicted – and feared – this moment, nothing prepares you for the shock. The ramifications of this decision would be swift and devastating for women across the country as we grapple with this unconscionable evisceration of the right to a safe and legal abortion. Women are facing an all but certain future where the right to make decisions about their own bodies is eliminated.'”

A Change of Position from Newly Appointed Justices

In particular, both Justices Brett Kavanaugh and Neil Gorsuch appear to have changed their tune regarding Roe v Wade from earlier statements on the subject. During confirmation hearings, Gorsuch referred to the matter as “precedent” and called it “reaffirmed.” He added, “A good judge will consider it as precedent of the U.S. Supreme Court worthy as treatment of precedent like any other.”

Despite these reassurances given under oath, the leaked draft opinion indicates Gorsuch may have switched his position on the topic.

Like Gorsuch, Kavanaugh also referred to Roe v Wade as precedent. “The Supreme Court has recognized the right to abortion since the 1973 Roe v. Wade case,” he said. “It has reaffirmed it many times.” It was also widely reported that Kavanaugh told Maine Senator Susan Collins, seen at the time to be a potential swing vote on his nomination, that he considered it “settled law” in a private conversation with the senator.

Other conservative Justices have all been vague or not particularly forthcoming with their position on Roe v Wade, which many took as evidence of their intentions to overturn the case. Now with the leaked opinion, it seems their position will soon be made known. The majority opinion was written by Justice Samuel Alito but does not disclose how other Justices may have ruled. Chief Justice Roberts confirmed the leaked draft was authentic, which does mean that at least a majority of five Justices agreed with overturning Roe v Wade.

New Mexico Abortion Law Unrestrictive

In a climate, especially since 2010, where numerous US states have continuously impeded abortion rights, New Mexico law remains one of the nation’s most unrestrictive.  Several other states have restrictive “trigger laws” already in place which will immediately take effect once Roe v Wade is officially overturned in the coming months.

According to an article published by the Guttmacher Institute, “New Mexico does not have any of the major types of abortion restrictions—such as waiting periods, mandated parental involvement or limitations on publicly funded abortions—often found in other states.”

Gov. Lujan Grisham is intent on maintaining the status quo that protects a woman and her family’s right to make their own decisions. 

“’It’s clear today that the action we’ve taken to protect and expand abortion rights in New Mexico is more important than ever. New Mexico will continue to be a state that protects and preserves the rights of women and their families to make their own decisions about health care,’” states the governor in the press release. 

Abortion Facilities Few In New Mexico

Although the right to attain an abortion in New Mexico remains unrestrictive, the simple fact is that abortion facilities in the state remain few and far between, especially in the state’s rural areas like Lea County. 

The Guttmacher Institute reports that “… in 2017 some 91% of New Mexico counties had no clinics that provided abortions, and 48% of New Mexico women lived in those counties.” According to the institute, in 2017 only seven New Mexico facilities provided abortions, six of which were clinics. “These numbers represent a 33% decline in clinics [in New Mexico] from 2014, when there were 11 abortion-providing facilities overall….”

The static that 91 percent of New Mexico’s countries do not have “facilities that offer abortion care” was again published in a September 2021 Carlsbad Current Argus article. The same story lists Bernalillo, Doña Ana and Santa Fe as the state’s three counties that have abortion clinics. JanesDueProcess.org agrees and provides a list of abortion clinics in New Mexico.

Many of the clinics that come up locally in these areas when searching for abortion services are actually pro-life non-profits designed to pressure or mislead women out of getting an abortion. These are often referred to as Crisis Pregnancy Clinics (or fake clinics). Because no actual abortion clinics exist, it is easy for these places to fill the void with fake and even harmful information or practices.

For a long time, southern New Mexico residents largely relied on services in Texas, typically El Paso or Lubbock, but with anti-abortion laws past in Texas and harsher restrictions soon to be possible, the options are very limited. Abortion Finder.org suggests that Lea County women must travel more than 200 miles to find abortion care. Sometimes non-profit organizations provide funding for the abortion itself, as well as for lodging, meals and travel.

Lea County women seeking abortion information may contact the New Mexico Department of Health’s Hobbs or Lovington Public Health Offices. The Hobbs office is located at 1923 North Dal Paso, Suite B; the Lovington facility is at 302 North 5th Street. Both clinics offer family planning service but neither offer abortions.

Alternatively, folks may call (575) 397-2463 in Hobbs or (575) 396-2853 in Lovington for information about the family planning services offered.