New Mexico judge temporarily halts Eunice’s abortion lawsuit
This week, Fifth Judicial District Judge Lee A. Kirksey temporarily halted a lawsuit filed by the City of Eunice regarding the state’s newly passed H.B. 7, which attempts to usurp authority from local governments to enforce federal laws pertaining to abortion. The judge paused proceedings at least until the state Supreme Court rules on a case regarding local ordinances.
The City of Eunice argued that the federal Comstock Act makes it illegal to ship or receive abortion medication, which contradicts the new law set to go into effect in June.
Six New Mexico cities and counties have passed pro-life ordinances that would enforce the Comstock Act. Other localities, such as Gallup and Artesia, are considering passing similar legislation.
“We applaud Judge Kirksey’s decision to stay the lawsuit filed by the city of Eunice,” Democrat state Attorney General Raúl Torrez, who filed the motion for a stay, said, adding he looks “forward to definitively resolving this question in the proper forum — the New Mexico Supreme Court.”
Michael Seibel, who represents the City of Eunice in the case, said the judge’s action was not necessarily unexpected, telling the Albuquerque Journal, “This case is not going to be won at the District Court level.”
“We are just trying to protect the health, safety, and welfare of the citizens from an overwhelming of Texas women coming in to have abortions,” Seibel told the Piñon Post.
Far-left dark money groups, including the ACLU and Planned Parenthood of the Rocky Mountains, have filed briefs in the case supporting Torrez’s attempt to subvert the federal statute.
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