On Monday, January 23, New Mexico’s newly elected Attorney General Raúl Torrez “…filed an extraordinary writ in the New Mexico Supreme Court against Roosevelt County, Lea County, and the Cities of Hobbs and Clovis for unlawfully passing ordinances that restrict access to reproductive healthcare in their communities,” states a press release issued by AG Torrez’s office. The goal of AG Torrez’s actions is to place a “pause” on the “abortion restricting” ordinances that are currently in effect in the named counties and cities.

A tweet from AG Torrez’s office states, “One day after what would have been the 50th anniversary of Roe v. Wade … Raul Torrez announced his submission of an extraordinary writ against southeastern counties and cities for unlawfully passing ordinances that restrict access to reproductive healthcare.”

Hobbs City Attorney Responds to AG Torrez’s Actions

A City of Hobbs press release (PDF) quotes Hobbs City Attorney Efren Cortez in response to AG Torrez’s actions as saying, “Our hope was that prior to any court action we would have been contacted by the Attorney General’s Office to discuss the substance of the City of Hobbs Abortion Business Ordinance.”

This statement by Cortez is the first time that the City of Hobbs has referred to its “abortion restricting” Ordinance No.1147, unanimously approved by Hobbs’ all-male board of city commissioners in November, as an “Abortion Business Ordinance”.

City attorney Cortez added that a conversation between his office and the office of AG Torrez “…could have served to remedy any misunderstanding” about the Hobbs ordinance. “We have been transparent with our legal analysis through numerous public meetings and fulfilled public records requests. We have been abundantly clear that the Ordinance does not ban abortions in Hobbs. Quite to the contrary, the Ordinance anticipates an abortion clinic will establish a location in Hobbs and sets minimum requisites for obtaining a business license to operate,” stated Cortez. However, the actual language of the ordinance prohibits any would-be abortion clinic in Hobbs from providing abortions in order to obtain a business license.

Ordinances like the one passed in Hobbs rely on a “flawed interpretation” of 19th century federal law, “…regulating the interstate shipment of abortion medication”, states the press release from AG Torrez’s office. All of this works “…as a pretense for preventing abortion clinics from operating…,” says a recent Lea County Tribune article.

Hobbs City Manager Manny Gomez Comments

Hobbs City Manager Manny Gomez stated about the City of Hobbs ordinance, “To date, the City Clerk’s Office has not received any business applications for prospective abortion providers. The City of Hobbs team respects all people, irrespective of their beliefs. Our team remains steadfast in our mission to provide the best customer service possible to the residents of Hobbs, New Mexico. We pride ourselves on inclusivity, and we welcome any person to our team that wants to help Hobbs become a better place to live, work, and play.”

Hobbs Mayor Sam Cobb Comments

Hobbs Mayor Sam Cobb added, “Our legal team presented the legal analysis for the City of Hobbs Abortion Business Ordinance in at least two public meetings. The analysis was thorough and transparent. Our Commission invited extended public comment on the issue and heard hours of testimony. Through this process, we learned our constituents were overwhelmingly in support of the Ordinance. The Commission honored the wishes of the public by enacting the Ordinance on November 7, 2022. The Ordinance does not ban abortions or abortion clinics in Hobbs. I would invite anyone that has heard otherwise to read the Ordinance in detail. Importantly, the City of Hobbs unequivocally supports women and women’s rights. The future of our City, our County, and our State depends on the ability of us all to work together to find common ground – even on issues that stir emotion.”

A review of the public comment that commissioners heard before taking their unanimous vote approving Ordinance No. 1147 shows that not all “constituents were overwhelmingly in support” of the ordinance. Some community members warned board members that the passage of the ordinance, which likely would be proven illegal, would bring with it serious and costly legal challenges to the City of Hobbs that in the end would prove burdensome to taxpayers.

Clovis Faces Petition

In Clovis, pro-choice community members organized to petition against the anti-abortion ordinance passed there. With enough signatures, the petition would put a hold on the ordinance and it would have to be later passed by a citywide vote by Clovis residents.

The petition has been delivered to the city clerk with more than 200 signatures over the required amount. The signatures will still need to be verified and certified. Once the petition has been certified, the ordinance in Clovis “shall become ineffective”, and an election will need to be organized within 60 days to vote on the measure.

Attorney General Torrez Summarizes

Attorney General Torrez reminds New Mexicans that, “Our State Constitution does not allow cities, counties or private citizens to restrict women’s reproductive rights.”He states that the writ his office filed with the New Mexico Supreme Court, “…should send a strong message that the Attorney General’s Office … will use every available tool to swiftly and decisively uphold individual liberties against unconstitutional overreach.”

“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,” states AG Torrez in the press release.