Gov. Michelle Lujan Grisham and New Mexico Lawyer Normal Hector Balderas filed a movement on Thursday to dismiss a lawsuit difficult New Mexico’s authorized abortion standing.
Filed within the Fifth Judicial District Court docket in Chaves County in late June by state Sen. David Gallegos, R-Eunice, Roswell-based write-in Unbiased candidate for New Mexico Commissioner of Public Lands Larry Marker and Albuquerque-based former Republican major candidate for Governor Ethel Maharg, the authentic go well with challenged the truth that New Mexico legislature’s repeal of the state’s 1969 anti-abortion legislation permits authorized abortion throughout the state.
“Merely acknowledged, no legislation, act or statute exists that enables for or legalizes abortion procedures within the state of New Mexico,” the lawsuit acknowledged.
Abortion stays authorized within the state of New Mexico as a result of the 2021 Legislature repealed the 1969 legislation that banned abortion, criminalizing it with few exceptions. Lujan Grisham signed the Respect New Mexico Ladies and Households Act in February 2021, earlier than the legislature ended its session. The previous legislation had remained dormant for the reason that U.S. Supreme Court docket determined Roe v. Wade however may have change into a set off legislation if the court docket overturned the 1973 choice, which it did in late June.
Lujan Grisham and Balderas’ movement to dismiss says that “by repealing the one prison statute forbidding and penalizing abortion, the Legislature ensured that abortion may proceed to be offered safely in New Mexico ought to the U.S. Supreme Court docket overrule Roe and its progeny.”
Marker responded to a request for remark by saying that he had not had an opportunity to learn the movement to dismiss.
“The petition for declaratory judgment is just asking the court docket to offer a ruling that can make clear what legal guidelines, if any, are at present legitimate in New Mexico. To be sincere, I’m questioning why anybody would oppose the court docket offering some readability,” he wrote in an electronic mail to NM Political Report.
The movement to dismiss states that the plaintiffs have “did not cite to any authority letting them sue the Governor or the Lawyer Normal for the aid they search.
“The Grievance solely cites to the Declaratory Judgment Act, which the Supreme Court docket has dominated is inadequate to show the state’s consent to be sued.”