Professor Caitlin Borgmann spoke to the American Prospect today about Albuquerque’s upcoming abortion ballot initiative. Albuquerque residents will vote on the initiative–which would ban abortions starting at 20 weeks of pregnancy–tomorrow. This attempt to implement an abortion ban at the local level via a ballot initiative is unprecedented. The American Prospect writes:
Caitlin Borgmann, a professor of law at the City University of New York, says there are a couple of tacks the measure’s opponents, who will likely be led by the ACLU of New Mexico, could take. In addition to arguing that the 20-week ban violates the precedent set by Roe v. Wade, they could contend that the restriction runs afoul of New Mexico’s Equal Rights Amendment. But, she adds, any court would be wading into unchartered waters. “It’s a clever new tactic,” Borgmann says. “It’s a sign that [anti-choice activists] have realized that they may be able to achieve locally what they can’t do statewide, particularly when you’re talking about something like later abortions when you have so few providers.”
Professor Borgmann has litigated reproductive rights cases and has also spoken and written widely about reproductive rights and given testimony before several state legislatures on this issue. She is the editor of the Reproductive Rights Blog.