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As Clinics Relocate to N.M., Rep. Stansbury Votes to Protect the Right to Travel for Abortion Services

July 15, 2022

The Ensuring Access to Abortion Act will support pregnant individual’s rights to travel to New Mexico or other states where abortion care is legal and accessible.

WASHINGTON – Today, Rep. Melanie Stansbury (N.M.-01) voted to pass the Ensuring Access to Abortion Act–a bill she cosponsors—to safeguard the right of pregnant people across the nation to access legal, safe abortion care following the Supreme Court’s decision to overturn Roe v. Wade, undermining decades of legal precedent.   

Since the Supreme Court’s decision to overturn Roe v. Wade, abortion clinics based in Texas and Mississippi–where trigger laws banning abortion have or will soon take effect–have announced they are relocating to New Mexico. The Ensuring Access to Abortion Act prohibits any person acting under state law, including private parties, from preventing travel or punishing Americans traveling for reproductive health care, which is protected by the Commerce Clause of the U.S. Constitution. 

“In the wake of the Supreme Court’s devastating decision to overturn Roe v. Wade, which undermines decades of legal precedent, I voted today to protect the ability of individuals to access safe and legal care,” said Rep. Stansbury. “This bill helps to protect access to reproductive care by protecting the ability of individuals to travel across state lines to receive safe and accessible care in places like New Mexico, where care is still available. We know this measure is not enough, which is why we are also fighting for the Senate to pass the Women’s Health Protection Act, which we passed in the House in September to codify access to reproductive health care into law.” 

In 2021, Rep. Stansbury was part of the majority in the New Mexico State Legislature that voted to pass legislation to repeal an antiquated abortion ban from the books, protecting access to reproductive health care for New Mexicans and communities across the region.

The Ensuring Access to Abortion Act:  

  • Prohibits any person acting under the authority of state law from restricting or impeding: 
    • A person’s constitutional right to travel across state lines for the purpose of obtaining a lawful abortion. 
    • A person or entity’s ability to assist an individual in traveling across state lines for the purpose of obtaining a lawful abortion. 
    • Any health care provider in providing or otherwise enabling lawful abortion services in that state. 
  • Empowers the Attorney General to bring a civil action for declaratory and injunctive relief against any person who is in violation of this law. 
  • Creates a private right of action for any person harmed by a violation of this law to obtain declaratory and injunctive relief, damages, and attorneys' fees.

The full text of the Ensuring Access to Abortion Act can be found here.