With Democrats firmly in control of the NM House, Senate and governorship, the status quo that permits abortion here is not in jeopardy. As attorney and ABQ state Senator Katy Duhigg points out that reality rests on current case law not an explicit state statute. She is not certain there needs to be such a law but others--looking to a future when Republicans or a conservative legislative coalition could return to power--want to close the door on any possible threat to rights that now seem to be the target of the high court--or at least Justice Clarence Thomas. 

House Speaker Brian Egolf, also an attorney, says the state needs to tread carefully in pursuing any laws guaranteeing the right to abortion because of possible unintended consequences. 

The consequences could include debating a time limit with opponents of late term abortion that is performed in New Mexico. Currently our state is just one of seven with no time limit on when a woman can have an abortion and has become a magnet for women seeking abortions from states with more restrictive laws. That could be a sticking point in drafting any new law. Polling shows the public is skeptical of late term abortion:

New Mexico has codified same-sex marriage legislation. A bill passed unanimously in the House and Senate in March of 2019 and was signed into law by MLG. Previously the NM Supreme Court upheld same sex marriage in a 2013 ruling but the added protection of a statute firmed up the state's position. The US Supreme Court legalized same sex marriage in 2015.

During the long march toward that '13 court ruling, Egolf at one point proposed a constitutional amendment to recognize same sex marriage. That was defeated in the House as was a conservative constitutional amendment to ban same sex marriage. 

A proposal to have voters decide a constitutional amendment to protect a woman's right to choose is likely to surface in light of the repeal of Roe along with a separate debate over codifying the right. A number of states, including California and Colorado, have already enshrined abortion rights in their state constitutions.

The constitutional amendment path is perhaps politically more palatable. It does not require the approval of the Governor and when approved by the legislature sends the debate directly to the voters who decide. That amendment could include language permitting later term abortions (post 27 weeks) or not. And repealing a constitutional amendment is a rarity. 

Lawmakers and the Governor need time to weigh the consequences of the Supreme Court ruling but if need be they should be prepared to act aggressively in a majority-minority state that has a strong historical record of advancing and protecting individual rights. 

MLG at ABQ protest Friday

As for the here and now, the Supreme Court bombshell caused a dust storm on the campaign trail. 

MLG immediately declared the ruling a "war on women" while GOP nominee Mark Ronchetti tried to thread the needle by supporting abortion in the first 15 weeks of pregnancy--when the great majority of the procedures occur--while decrying "late term abortions."

MLG's clear cut message was easy for pro-choice voters to embrace. Hundreds of them turned out to protest in ABQ following the ruling and where the Governor turned up the volume, promising to be "a brick wall" when it comes to protecting abortion rights. 

As for Ronchetti, if he were elected he would face a brick wall in the form of the Democratic-dominated legislature over a 15 week abortion bill. Like Republican Gov. Susana Martinez, he would wave the anti-abortion flag but it would never get planted in the ground. 

The high court ruling was telegraphed by a leak weeks ago but when it became reality the shockwaves were not muted. The issue will matter in November, the question is how much? Former ABQ city councilor, state legislator and attorney Greg Payne is providing blog analysis for this election cycle:

Payne also said independent voters who support Roe could also be targeted by Democrats in key state House races. 

In addition to ABQ there were notable protests over abortion rights in the liberal bastions of Santa Fe and Taos. A healthy turnout in those three locales would pose an existential threat to the GOP Guv hopeful. He must have low turnout to score the upset.

Until now it was Ronchetti who had the playing field to himself when it came to nationalizing the election around the unpopularity of President Biden and economic pain of high inflation. The abortion ruling now gives MLG a national issue to fight back with--and raise campaign funding from.

In 2018 MLG defeated Republican Steve Pearce by over 58,000 votes in Bernalillo County as statewide turnout inched toward 700,000. That number is not expected to repeat this year but it showcases the importance of Dems motivating their ABQ base to vote. The Supreme Court ruling will now be an integral part of that effort. 

The ruling will also be felt in some of the state House races. All 70 seats are up for election with one of the best opportunities for a GOP pick up in District 28 in the ABQ NE Heights where appointed Dem Rep Pamelya Herndon faces Republican Nicole Chavez. It was no accident that Dems pushed Herndon into the TV limelight to comment on the abortion ruling, giving her valuable face time on an issue she can play offense on.

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