New Mexico Supreme Court Tramples Pro-Life Counties and Cities Right to Protect the Unborn

By Bud Shaver,

Santa Fe, New Mexico- The New Mexico Supreme Court unanimously ruled on Thursday, January 9, 2025 that counties and cities across the state cannot enact pro-life laws to protect pre-born babies. The Sanctuary Cities for the Unborn ordinances that were passed in New Mexico are known as Comstock Only Ordinances. These laws are not explicit abortion bans, but are "de facto" abortion bans. They require compliance with federal statutes specifically, specifically 18 U.S.C. § 1461 and 18 U.S.C. § 1462, prohibiting the mailing and receiving of abortion-inducing drugs and paraphernalia, according to Mark Lee Dickson.

According to the New Mexico Supreme Court's overriding opinion, 

The Court wrote that the ordinances did not exactly follow federal law but went beyond the requirements. Several of the ordinances authorized 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 counties and cities affected by the decision are: Lea County, Roosevelt County, Eunice, Clovis, Hobbs and Edgewood New Mexico. These local governments argued that the ordinances constituted a lawful exercise of their powers for protecting the “health and safety” of  their residents.

​Abortion Free New Mexico first reported in 2019 on Lea County becoming first county in New Mexico to take this bold action:

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. Thank you and God Bless Lea County, New Mexico!

The other counties and cities soon followed in their footsteps and took swift action to enact pro-life measures to prevent radical pro-abortion expansion into their communities.

​ ​As reported by the Las Cruces Sun News, Abortion Free New Mexico has fully supported these efforts.

After each local government in New Mexico voted to adopt a resolution essentially denouncing abortion, the fiercely anti-abortion organization Abortion Free New Mexico, run by Albuquerque residents Bud and Tara Shaver, issued a news release touting the action."

• Full report: New Mexico at forefront of nationwide sanctuary cities for the unborn movement​

Tara Shaver, spokeswoman for Abortion Free New Mexico issued the following statement:

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.

​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. Abortion Free New Mexico condemns the New Mexico Supreme Court's decision to undermine federal laws from being enforced in our state where abortion tourism is so rampant. Women and children deserve better, cities and counties should be able to protect their citizens, whether born or unborn."