N.M. Democrats plan to repeal state abortion ban before Trump's Supreme Court overturns Roe

[left-of-center2012]

New Mexico Democrats are getting ready for Donald Trump’s Supreme Court to overturn Roe v. Wade, leaving abortion law up to the states. That would mean a state law from the 1960s would go back into effect, criminalizing abortion. Democrats are looking to repeal that law and ensure that New Mexico women will have a right to choose even if Brett Kavanaugh and Neil Gorsuch strip women nationally of that right:

The revived proposal has the public support of Democratic Gov.-elect Michelle Lujan Grisham, while Democratic House Speaker Brian Egolf and Senate majority leader Peter Wirth have set repeal as a high priority for the legislative session that starts in January.

"I've long been on the record that it is an antiquated law intended to punish women, whose reproductive choices should be between their physician or medical practitioner and themselves," Lujan Grisham said last week. "If the bill gets through — and I feel strongly that it will — that would be something we would sign."

https://www.dailykos.com/stories/2018/11/19/1813987/-New-Mexico-Democrats-plan-to-repeal-state-abortion-ban-before-Trump-s-Supreme-Court-overturns-Roe

[calimary]

1. Good.

[Crutchez_CuiBono]

2. Hard to imagine going back to pre-roe.

they'll do anything to 'win'. Even when the winning goal is so wrong. Hard to imagine indeed. Backwards...like the Taliban in the middle East or the Saudi Madrassas that preach hatred of Americans. All the same. Religo-based lunacy.

[rogue emissary]

3. That is the type of planning we need.

Stop waiting for Donny's horrible machinations to come to fruition.

[klook]

4. New Mexico is setting a great example.

[NewJeffCT]

6. In Connecticut

they passed a law back in the 90s that requires a supermajority in both state houses to impose any restrictions on abortion rights. It was passed, I believe, in response to conservative Republican John Rowland coming into office.

In Rowland's defense, he said that while he was strongly against abortion personally, he knew Connecticut was a pro choice state and he promised to never propose any restrictions on abortion and he did not. (Rowland resigned in the face of impeachment 10 years later for various ethic scandals)

[klook]

9. Wow, forward thinking.

[Hortensis]

5. We should have a contest for guessing the first state

to outlaw contraception after the constitutional right to privacy both it and abortion lean heavily on was struck down.

In the pre-Roe contraception case Griswold v. Connecticut (1965), the Court held that “penumbras, formed by emanations” or various interpretations of the First, Third, Fourth, Fifth, and Ninth Amendments protect a right to privacy. But in deciding Roe, the Warren court located the right to privacy in the 14th Amendment’s explicit protection of the right to liberty.

"Penumbras formed by emanations..." Well, maybe instead we should hang our futures on a very strongly conservative court finding an "explicit" right to privacy, abortion or contraception in the 14th, in the word "liberty," or right for prisoners to be delivered to hospitals for non- life threatening reasons, for people to decide to attend college or not, or for women to become licensed plumbers in the word "liberty."

Amendment XIV

Section 1.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section 2.
Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state.

Section 3.
No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section 4.
The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5.
The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

[mopinko]

7. illinois passed this last year.

[lilactime]

8. K&R

[DownriverDem]

10. How it will go

If Roe v Wade is overturned, abortion rights will return to the states. So there will be states where it is legal and those where it is not legal. In Michigan, the repubs are still in charge of the House and Senate even though the Governor, Attorney General and Secretary of State are all newly elected Dems. They are all women too! Still, I can see the repubs overturning it. I don't know how that will all work out.