Lujan Grisham's order aims to stymie outside abortion lawsuits

Jun. 28—In the wake of the U.S. Supreme Court's decision to overturn Roe v. Wade, Gov. Michelle Lujan Grisham signed an executive order Monday that increases protections for abortion seekers and providers in New Mexico.

The order prohibits state agencies and employees who report to the executive branch from using any state time, money or resources to cooperate with an investigation from outside the state seeking to impose civil, criminal or professional liability on a person obtaining "reproductive health care services" that are legal in New Mexico.

The governor said the order was a countermeasure aimed at preventing officials from states where abortion is not legal from succeeding in efforts to block people from obtaining or providing abortions in New Mexico.

"We will not further hinder the rights and access of anyone in the state of New Mexico, and I've been saying that all along," Lujan Grisham said at a news conference Monday at the Capitol. "As long as I'm governor, everyone in the state of New Mexico will be protected ... out of state residents who need access will be protected, providers will be protected, and abortion is and will continue to be legal, safe and accessible, period."

It also protects health care professionals and others who hold state-issued licenses from being disqualified for licensure or disciplined by a state licensing board for providing reproductive services.

Additionally, the order protects workers providing reproductive services that are legal in New Mexico from the consequences of any judgment or sanction based on the laws of another state.

The Governor's Office also will refuse any request from outside the state to extradite someone charged with breaking a law in another state for providing or receiving reproductive health care that remains legal here.

Exceptions would be made in cases in which the subject of the requested extradition is accused of committing an unrelated criminal act in an another state and then fled to New Mexico, the order says.

Massachusetts and Minnesota have passed similar measures, Lujan Grisham said, adding she "leaned in early" as a signal to other states that reproductive health care providers are protected in New Mexico.

State Sen. Linda M. Lopez, D-Albuquerque, and representatives from Planned Parenthood, the American Civil Liberties Union of New Mexico and the New Mexico Religious Coalition for Reproductive Choice joined the governor at the table during the news conference, at which she signed the order.

Lopez thanked the governor for taking on the issue on with "ganas" (Spanish for desire or gusto), adding her answer to anyone trying to criminalize abortion in New Mexico was, "Hell no."

The state's Republican Party issued a statement following the news conference, calling the order "political theater" and noting Friday's Supreme Court ruling doesn't affect New Mexico.

With strong Democratic majorities in the state House of Representatives and Senate, the GOP said Lujan Grisham "could call a special session of the Legislature to legally craft new laws."

House Republican Caucus Chairwoman Rebecca Dow also accused the governor of "virtue signaling" — contending the governor has avoided addressing economic hardships in favor of focusing on reproductive health care "in a state that already has essentially no limitation on elective abortions."

Reproductive health care experts have said in recent days New Mexico's struggling health care system does not have the capacity to handle a large influx of out-of-state abortion seekers.

Planned Parenthood of the Rocky Mountains Director of Public Affairs Kayla Herring repeated that Monday, noting providers are already at capacity statewide.

Asked if she would support incentivizing abortion providers to offer or expand services in New Mexico the governor said "everything needs to be on the table.

"I haven't thought about what that might look like yet," she said, adding she would expect and invite lawmakers to come forward with ideas about how to expand access.