SANTA FE, N.M. (AP) — The New Mexico Supreme Court on Thursday struck down abortion restrictions by conservative cities and counties, helping to ensure the state remains a go-to destination for people from other states with bans.
The unanimous opinion, in response to a request from state Attorney General Raúl Torrez, reinforces the state’s position as having some of the most liberal abortion laws in the country.
Attorneys representing the cities of Hobbs and Clovis and Lea and Roosevelt counties had argued that provisions of a federal “anti-vice” law known as the Comstock Act block courts from striking down local abortion ordinances.
But Justice C. Shannon Bacon, writing for the majority opinion, said state law precludes cities and counties from restricting abortion or regulating abortion clinics.
“The ordinances violate this core precept and invade the Legislature’s authority to regulate access to and provision of reproductive healthcare,” she wrote. “We hold the ordinances are preempted in their entirety.”
New Mexico Attorney General Raúl Torrez praised the court’s ruling Thursday, saying that the core of the argument was that state laws preempted any action by local governments to engage in activities that would infringe on the constitutional rights of citizens.
“The bottom line is simply this: Abortion access is safe and secure in New Mexico," he said. "It’s enshrined in law by the recent ruling by the New Mexico Supreme Court and thanks to the work of the New Mexico Legislature.”
New Mexico House Speaker Javier Martínez called access to health care a basic fundamental right in New Mexico.
“It doesn’t take a genius to understand the statutory framework that we have. Local governments don’t regulate health care in New Mexico. It is up to the state,” the Albuquerque Democrat said.
Opposition to abortion runs deep in New Mexico communities along the border with Texas, which has one of the most restrictive bans in the U.S.
But Democrats, who control every statewide elected office in New Mexico and hold majorities in the state House and Senate, have moved to shore up access to abortion — before and after the U.S. Supreme Court overturned Roe v. Wade in 2022, eliminating the nationwide right to abortion.
In 2021, the New Mexico Legislature repealed a dormant 1969 statute that outlawed most abortion procedures as felonies, ensuring access to abortion even after the Roe v. Wade reversal.
And in 2023, Democratic New Mexico Gov. Michelle Lujan Grisham signed a bill that overrides local ordinances aimed at limiting abortion access and enacted a shield law that protects abortion providers from investigations by other states.
In September, construction began on a state-funded reproductive health and abortion clinic in southern New Mexico that will cater to local residents and people who travel from neighboring states.
The new clinic is scheduled for completion by early 2026 to provide services ranging from medical and procedural abortions to contraception, cervical cancer screenings and education about adoptions.
In Thursday's opinion, justices said they "strongly admonish” Roosevelt County, in particular, for an ordinance that would have allowed individuals to file lawsuits demanding damages of more than $100,000 for violations of the county's abortion ordinance.
The provision would have created "a private right of action and damages award that is clearly intended to punish protected conduct,” the court said in its opinion.
Erin Hawley, a vice president at Alliance Defending Freedom, an Arizona-based Christian legal advocacy group, is an attorney who argued on behalf of Roosevelt County in the case. On Thursday, she criticized the court's decision and emphasized its limitations.
“Roosevelt County and other New Mexico localities should be able to enforce ordinances that comply with federal law and protect the lives of their citizens,” said Hawley, the wife of U.S. Sen. Josh Hawley of Missouri. “We're grateful that the New Mexico Supreme Court did not abandon common sense and find a so-called right to abortion in the state constitution.”
It was not immediately clear whether the ruling can be appealed in federal court or influence broader efforts to apply Comstock Act restrictions on abortion. The New Mexico Supreme Court opinion explicitly declined to address conflicts with federal law, basing its decision solely on state provisions.
Austin, Texas-based attorney Jonathan Mitchell, a former Texas solicitor general and architect of that state's strict abortion ban, said he looked forward "to litigating these issues in other states and bringing the meaning of the federal Comstock Act to the Supreme Court of the United States.”
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Associated Press writer Susan Montoya Bryan in Albuquerque contributed to this report.
FILE - The New Mexico Supreme Court Building is seen, Jan. 9, 2023, in Santa Fe, N.M. (AP Photo/Morgan Lee, File)
FILE - New Mexico Attorney General Raul Torrez listens to oral arguments dealing with local municipalities implementing ordinances restricting abortion, Dec. 13, 2023 in Santa Fe, N.M. . (Eddie Moore/The Albuquerque Journal via AP, file)
SALT LAKE CITY (AP) — U.S. Health Secretary Robert F. Kennedy Jr. on Monday said he plans to tell the Centers for Disease Control and Prevention to stop recommending fluoridation in communities nationwide. Kennedy also said he’s assembling a task force to focus on the issue.
Also on Monday, the U.S. Environmental Protection Agency announced it is reviewing “new scientific information" on potential health risks of fluoride in drinking water. The EPA has primary authority to set the maximum level of fluoridation in public water systems.
Kennedy told The Associated Press of his plans after a news conference with EPA Administrator Lee Zeldin in Salt Lake City.
Kennedy can’t order communities to stop fluoridation, but he can tell the CDC to stop recommending it and work with the EPA to change the allowed amount.
Utah last month became the first state to ban fluoride in public drinking water, pushing past opposition from dentists and national health organizations who warned the move would lead to medical problems that disproportionately affect low-income communities.
Republican Gov. Spencer Cox signed legislation barring cities and communities from deciding whether to add the cavity-preventing mineral to their water systems. Water systems across the state must shut down their fluoridation systems by May 7.
Kennedy praised Utah for emerging as “the leader in making America healthy again.” He was flanked by Utah legislative leaders and the sponsor of the state’s fluoride law.
“I’m very, very proud of this state for being the first state to ban it, and I hope many more will,” he said.
Kennedy oversees the CDC, whose recommendations are widely followed but not mandatory. State and local governments decide whether to add fluoride to water and, if so, how much — as long as it doesn’t exceed a maximum set by the EPA, which is currently 4 milligrams per liter.
Zeldin said his agency was launching a renewed examination of scientific studies on the potential health risks of fluoride in drinking water to help inform any changes to the national standards.
“When this evaluation is completed, we will have an updated foundational scientific evaluation that will inform the agency’s future steps,” Zeldin said. “Secretary Kennedy has long been at the forefront of this issue. His advocacy was instrumental in our decision to review fluoride exposure risks, and we are committed to working alongside him, utilizing sound science as we advance our mission of protecting human health and the environment.”
Fluoride strengthens teeth and reduces cavities by replacing minerals lost during normal wear and tear, according to the CDC. In 1950, federal officials endorsed water fluoridation to prevent tooth decay, and in 1962 set guidelines for how much should be added to water.
Kennedy, a former environmental lawyer, has called fluoride a “dangerous neurotoxin” and said it has been associated with arthritis, bone breaks and thyroid disease. Some studies have suggested such links might exist, usually at higher-than-recommended fluoride levels, though some reviewers have questioned the quality of available evidence and said no definitive conclusions can be drawn.
In November, just days before the presidential election, Kennedy declared that Donald Trump would push to remove fluoride from drinking water on his first day as president. That didn't happen, but Trump later picked Kennedy to run the U.S. Department of Health and Human Services, where he has been expected to take some kind of action. Meanwhile, some localities have gone ahead and decisions whether to keep fluoridating water.
Related to all this: A massive round of staffing cuts last week across federal agencies included elimination of the CDC's 20-person Division of Oral Health. That office managed grants to local agencies to improve dental health and, in come cases, encourage fluoridation.
Fluoride can come from a number of sources, but drinking water is the main one for Americans, researchers say. Nearly two-thirds of the U.S. population gets fluoridated drinking water, according to CDC data. The addition of low levels of fluoride to drinking water was long considered one of the greatest public health achievements of the last century.
About one-third of community water systems — 17,000 out of 51,000 across the U.S. — serving more than 60% of the population fluoridated their water, according to a 2022 CDC analysis. The agency currently recommends 0.7 milligrams of fluoride per liter of water.
But over time, studies have documented potential problems. Too much fluoride has been associated with streaking or spots on teeth. Studies also have traced a link between excess fluoride and brain development.
A report last year by the federal government’s National Toxicology Program, which summarized studies conducted in Canada, China, India, Iran, Pakistan and Mexico, concluded that drinking water with more than 1.5 milligrams of fluoride per liter — more than twice the recommended level in the U.S. — was associated with lower IQs in kids.
Utah Oral Health Coalition chairperson Lorna Koci said Monday that she hopes other states push back against the removal of fluoride and that Kennedy’s visit to celebrate her state's fluoride ban underscores the political motivations of those who support it.
She predicted children will have more cavities as a result and said backers of the fluoride legislation in Utah spread false information that raised doubts about its effectiveness. Opponents of the law warned it would disproportionately affect low-income residents who may rely on public drinking water containing fluoride as their only source of preventative dental care.
“This seems to be less about fluoride and more about power,” Koci said.
Stobbe reported from New York. Associated Press writer Matthew Brown in Billings, Montana, contributed reporting,
The Associated Press Health and Science Department receives support from the Howard Hughes Medical Institute’s Science and Educational Media Group and the Robert Wood Johnson Foundation. The AP is solely responsible for all content.
Health Secretary Robert F. Kennedy Jr., right, arrives at University of Utah to discuss Utah's new fluoride ban and food additives legislation, Monday, April 7, 2025, in Salt Lake City. (AP Photo/Melissa Majchrzak)
Health Secretary Robert F. Kennedy Jr. to appear in Salt Lake City with the EPA administrator and state lawmakers to talk about Utah's new fluoride ban and food additives legislation, Monday, April 7, 2025, in Salt Lake City, Utah. (AP Photo/Melissa Majchrzak)
Health Secretary Robert F. Kennedy Jr. to appear in Salt Lake City with the EPA administrator and state lawmakers to talk about Utah's new fluoride ban and food additives legislation, Monday, April 7, 2025, in Salt Lake City, Utah. (AP Photo/Melissa Majchrzak)
Health Secretary Robert F. Kennedy Jr. exits a bus as he visits University of Utah to discuss Utah's new fluoride ban and food additives legislation, Monday, April 7, 2025, in Salt Lake City. (AP Photo/Melissa Majchrzak)
Health Secretary Robert F. Kennedy Jr. to appear in Salt Lake City with the EPA administrator and state lawmakers to talk about Utah's new fluoride ban and food additives legislation, Monday, April 7, 2025, in Salt Lake City, Utah. (AP Photo/Melissa Majchrzak)
Health Secretary Robert F. Kennedy Jr. visits University of Utah to discuss Utah's new fluoride ban and food additives legislation, Monday, April 7, 2025, in Salt Lake City. (AP Photo/Melissa Majchrzak)
Health Secretary Robert F. Kennedy Jr. visits University of Utah to discuss Utah's new fluoride ban and food additives legislation, Monday, April 7, 2025, in Salt Lake City. (AP Photo/Melissa Majchrzak)
Health Secretary Robert F. Kennedy Jr. to appear in Salt Lake City with the EPA administrator and state lawmakers to talk about Utah's new fluoride ban and food additives legislation, Monday, April 7, 2025, in Salt Lake City, Utah. (AP Photo/Melissa Majchrzak)
