New Mexico Right to Choose/NARAL v. Johnson

OPINION

MINZNER, J.

{1} This case concerns the authority of the Secretary of the New Mexico Human Services Department to restrict funding for medically necessary abortions under the State’s Medicaid program. The Secretary appeals the district court’s order permanently enjoining the Department from enforcing a rule that prohibits the use of state funds to 'pay for abortions for Medicaid-eligible women except when necessary to save the life of the mother, to end an ectopic pregnancy, or when the pregnancy resulted from rape or incest. Under the district court’s order, the Department must allow…