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WED: New Mexico Supreme Court will hear oral arguments on local abortion-ban ordinances, + More

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New Mexico Supreme Court will hear oral arguments on local abortion-ban ordinances - Associated Press

New Mexico's Supreme Court will hear oral arguments regarding a request to strike down recent abortion-ban ordinances in several cities and counties.

The high court on Tuesday announced it will hear arguments in December and agreed to consider legal briefings filed by an array of advocacy groups.

The state attorney general in January petitioned the high court to strike down abortion-ban ordinances approved by local governments spanning much of eastern New Mexico. Attorney General Raúl Torrez argued that the local laws violate state constitutional guarantees — including New Mexico's equal rights amendment that prohibits discrimination based on sex or being pregnant.

State abortion laws in New Mexico are among the most liberal in the country. But local governments in cities and counties where opposition to abortion runs deep have approved their own abortion restrictions, largely based on a 19th century U.S. law that prohibits the delivery of abortion supplies and medications.

Local abortion-ban ordinances dot the map of New Mexico from Edgewood on the outskirts of Albuquerque to Eunice near the Texas state line, also including Lea and Roosevelt counties, and the cities of Hobbs and Clovis. Most have been blocked by the New Mexico Supreme Court while it considers the challenge by the state's Democratic attorney general.

In 2021, the Legislature repealed a dormant 1969 statute that outlawed most abortion procedures as felonies, ensuring access to abortion even after the U.S. Supreme Court last year rolled back guarantees.

This year, Democratic Gov. Michelle Lujan Grisham signed two abortion-rights bills that override local ordinances aimed at limiting access and shield abortion providers from prosecution by out-of-state interests.

Opponents of the local abortion restrictions such as Planned Parenthood and the American College of Obstetricians and Gynecologists say the initiatives undermine uniform health care access and standards, especially pregnancy-related care in remote and impoverished communities.

Court briefings from anti-abortion groups including Family Policy Alliance assert that local governments have the right to enforce federal abortion restrictions.

Current and former Albuquerque firefighters charged with rape - KUNM News, Albuquerque Journal 

Police have charged two current and one retired Albuquerque firefighter with rape.

The Albuquerque Police Department said in a statement Wednesday that Aden Heyman, Angel Portillo and Anthony Martin are charged with Criminal Sexual Penetration.

The Albuquerque Journal reportsHeyman is a lieutenant for Albuquerque Fire Rescue, Portillo is a firefighter and Martin was a driver before his recent retirement, according to a spokesperson for the department.

They’re accused of raping a woman at an apartment in northeast Albuquerque following a golf tournament last month. A neighbor called the cops after the alleged victim escaped through a bathroom window, according to police.

The fire department says the two active employees are on administrative leave while it investigates the matter. It’s also cooperating with the now criminal investigation.

Fire Chief Emily Jaramillo tells the Journal the internal investigation began last month when the department became aware of the allegations against its employees, which she called “alarming.”

Trial ends in River of Lights hit-and-run case - KRQE-TV, KUNM News

The jury began deliberations today in the trial of the man accused of hitting and killing a child with an off-road vehicle outside the River of Lights event in 2021.

KRQE-TV reports closing arguments in the case wrapped up this morning.

Segio Almanza, 29, is accused of running a red light with an ATV and striking 7-year-old Pronoy Bhattacharya, killing him. His father was also injured in the crash.

Almanza is charged with vehicular homicide while driving under the influence, leaving the scene of accident with great bodily harm, and tampering with evidence.

Prosecutors reiterated their case that Almanza was drunk behind the wheel in their closing argument, while the defense said there is no physical evidence proving so.

Almanza faces up to 27 years in prison if convicted.

'Breaking Bad' stars reunite on picket line to call for studios to resume negotiations with actors - By Krysta Fauria Associated Press

The cast of "Breaking Bad" has reunited to call upon Hollywood studios to resume negotiations with striking screen actors.

"We want you to come back to the table with us," Bryan Cranston said in a plea to the Alliance of Motion Picture and Television Producers outside Sony Pictures Studios on Tuesday.

Cranston was joined by Aaron Paul, Jesse Plemons and other members of the "Breaking Bad" universe in an effort to energize picket lines more than a month after SAG-AFTRA joined striking Hollywood writers.

Both guilds are seeking to address issues brought about by the dominance of streaming services, which have changed all aspects of production and pay in the industry.

"The way things were structured 10 years ago made a lot of sense and it made it more possible for journeymen-type actors, actors in the middle that are working just as a hard or harder," Plemons said.

By its final season, which aired more than a decade ago, "Breaking Bad" was one of the most watched and highest rated cable TV shows ever.

The AMC hit series has achieved enduring popularity on Netflix, but its stars say that has not been reflected in their pay.

"I don't get a piece from Netflix on 'Breaking Bad' to be totally honest and that's insane to me," Paul said. "I think a lot of these streamers know that they have been getting away with not paying people a fair wage and now it's time to pony up."

Cranston said they chose Sony for their reunion as the studio behind the Emmy-winning hit, along with its spinoff projects, the AMC prequel series "Better Call Saul" and the Netflix film, "El Camino."

"We're not making them the enemy. They are not villains. These are people that we all will be working with once again at some point," Cranston said. "We just want them to see reality."

Several other casts have joined picket lines during the strike, including actors from "Parks and Recreation" and the cult hit "Jury Duty," drawing a link between popular shows and the actors' strike goals.

Cranston also affirmed SAG-AFTRA President Fran Drescher's recent comments to The Associated Press that these dual Hollywood strikes are galvanizing a broader movement throughout the country.

"Without organized labor, management will just keep stuffing their pockets. They don't and will not ever just go, 'You know what? I don't think this is being fair to those people. I'm going to pay them more.' It's just not what they do," he said.

Cast members of "Better Call Saul" were also on the picket lines, including Rhea Seehorn and Patrick Fabian, along with the series co-creator, Peter Gould, who has been on strike with the Writers Guild of America since May.

N.M. looks to delay upcoming SNAP changes - Danielle Prokop, Source New Mexico

National nonprofits estimate as least 750,000 people nationwide could be at risk to lose benefits and potentially go hungry as the federal changes to work requirements to receive food aid go into effect in coming months.

For now, New Mexico will not see the same sort of cliff, officials from the Human Services Department said. New Mexico is one of just a handful of states currently exempt from the program changes under a federal waiver from the U.S. Department of Agriculture, through Dec. 31.

Karmela Martinez, who heads the Income Support Division at HSD, said the agency is in the process of asking for another year-long federal waiver, citing the state’s high unemployment rates.

“We have already started the waiver process, basically a formal document we sent to our federal partners,” Martinez said. “We indicate that New Mexico meets one of several criteria to continue to be exempt.”

In June, debt ceiling negotiations in Congress included additional SNAP program work requirements.

All adults receiving SNAP who do not have federal disability nor any children living in the house have to meet additional work requirements. This includes working for pay, attending a training program or volunteering 80 hours a month.

Those requirements were reserved for people between ages 18 to 49. However, on Sept. 1 that age will be raised to 50, and raised to 52 by Oct. 1. In October 2024, the age limit requiring work will increase to 54.

If they don’t meet the criteria, adults without federal disability and with no children living in the house are limited to using SNAP benefits for three months out of three years. Exceptions to these new requirements are veterans, former foster youth who just aged out of care, and people experiencing homelessness.

Since HSD is required to send out information on any SNAP changes 45 days in advance, Martinez said an answer for a 2024 waiver is expected from the federal government “in – and no later than – October.”

HSD is requesting a waiver to exempt the whole state. If that is rejected, the state can still ask for county-level exemptions.

“We believe based on the unemployment rate in the state of New Mexico, that the waiver will be extended. But right now, we’re waiting for federal authorities,” Martinez said.

A report from the left-leaning Center on Budget and Policy Priorities estimated 13,000 New Mexicans between the ages of 50 and 54 may be at risk for losing SNAP benefits based on the new work requirements.

Martinez said the projection was accurate, but said it’s unclear how many would qualify for exemptions – such as veteran status, having partial employment or experiencing homelessness.

“I think that number will be lower,” she said. “But I think that is a pretty good assumption to go with, I’m confident in that report.”

Work requirements may discourage people from applying

The changes to SNAP come just before the program faces a potential fight in the 2023 Farm Bill, and while food prices have spiked dramatically – nearly 10% alone in 2022.

Food prices will continue to rise – they’re up nearly 5% from last year – the USDA projected in an Aug. 25 price index. While slowing, the report said, food prices won’t drop in 2024.

Lorenzo Alba is the executive director at Casa de Peregrinos, a food pantry with 14 sites across Doña Ana County. Alba said they gave out food to more than 35,000 people in 2020.

Alba said unemployment is not the driving force behind food insecurity.

“It’s the cost of food,” he said. “Inflation has really been the biggest contributor to the rise in clientele we’ve seen.”

When SNAP extended benefits ended in February, emergency food providers like food banks and pantries saw bigger lines, said Jason Riggs, the community initiative manager for Roadrunner Food Bank.

“It hits the hardest on those families trying to raise their kids, single-parent homes, trying to work a couple of jobs, those seniors trying to live off that small social security check,” Riggs said. But, it also affects the food banks. We can only put out so much food per month. The more people there are in line, the less food for everyone.”

Despite the high participation rate in SNAP, Riggs said continued stigma around food aid and the new work requirements could be counterproductive.

“There are people out there that are looking for a job, but the work requirements will scare them off of getting the help they need to get some food and then focus on finding work,” he said.

Work requirements would be a challenge for much of New Mexico, pointing to the issue of lack of job options, or transportation in rural portions of the state.

Riggs said in his 15 years of experience, he hasn’t seen studies that show the effectiveness of work requirements.

“I’ve never seen one that shows how work requirements actually get people off of SNAP and get people out of food pantry lines and into a job,” he said. “I think chronic poverty is a little bit trickier than that.”

MORE RESOURCES

HSD is required to notify SNAP recipients of changes to the program 45 days before changes go into effect. If the waiver is denied, then HSD would send out white envelopes with the agency’s logo with information about the changes and possible exemptions. They would also post a Frequently Asked Questions section to the website.

Turquoise envelopes from HSD contain information reminding people to renew their benefits – which must be done every six months.

HSD Field Offices can be foundhere or call Constituent Services: (505) 709-5788 and email at ISD.ConstituentServ@hsd.nm.gov

If you’re considering applying for SNAP, Riggs said Roadrunner Food Bank can help anyone with questions across the state.

“We can assist them with the application over the phone, we could provide them information if they want to apply on their own.”

In addition to walking people through the process, they can answer basic questions about recertification. Riggs said to call the food bank at 844-684-6282, and leave a message. Someone will call back from the food bank within one to two business days.

Help is offered in both Spanish and English, and there are translation services for other languages.

He said it’s best to start the application process right away, even if you’re unsure you qualify.

“Regardless of when you get through everything, the interview and providing documentation, if you applied today, and are eventually approved; you’re going to get benefits retroactive to today,” Riggs said.

'Breaking Bad' stars reunite on picket line to call for studios to resume negotiations with actors - By Krysta Fauria Associated Press

The cast of "Breaking Bad" has reunited to call upon Hollywood studios to resume negotiations with striking screen actors.

"We want you to come back to the table with us," Bryan Cranston said in a plea to the Alliance of Motion Picture and Television Producers outside Sony Pictures Studios on Tuesday.

Cranston was joined by Aaron Paul, Jesse Plemons and other members of the "Breaking Bad" universe in an effort to energize picket lines more than a month after SAG-AFTRA joined striking Hollywood writers.

Both guilds are seeking to address issues brought about by the dominance of streaming services, which have changed all aspects of production and pay in the industry.

"The way things were structured 10 years ago made a lot of sense and it made it more possible for journeymen-type actors, actors in the middle that are working just as a hard or harder," Plemons said.

By its final season, which aired more than a decade ago, "Breaking Bad" was one of the most watched and highest rated cable TV shows ever.

The AMC hit series has achieved enduring popularity on Netflix, but its stars say that has not been reflected in their pay.

"I don't get a piece from Netflix on 'Breaking Bad' to be totally honest and that's insane to me," Paul said. "I think a lot of these streamers know that they have been getting away with not paying people a fair wage and now it's time to pony up."

Cranston said they chose Sony for their reunion as the studio behind the Emmy-winning hit, along with its spinoff projects, the AMC prequel series "Better Call Saul" and the Netflix film, "El Camino."

"We're not making them the enemy. They are not villains. These are people that we all will be working with once again at some point," Cranston said. "We just want them to see reality."

Several other casts have joined picket lines during the strike, including actors from "Parks and Recreation" and the cult hit "Jury Duty," drawing a link between popular shows and the actors' strike goals.

Cranston also affirmed SAG-AFTRA President Fran Drescher's recent comments to The Associated Press that these dual Hollywood strikes are galvanizing a broader movement throughout the country.

"Without organized labor, management will just keep stuffing their pockets. They don't and will not ever just go, 'You know what? I don't think this is being fair to those people. I'm going to pay them more.' It's just not what they do," he said.

Cast members of "Better Call Saul" were also on the picket lines, including Rhea Seehorn and Patrick Fabian, along with the series co-creator, Peter Gould, who has been on strike with the Writers Guild of America since May.

New Mexico's top prosecutor vows to move ahead with Native education litigation - By Susan Montoya Bryan Associated Press

It's been five years since a New Mexico judge issued a landmark ruling finding that the state was falling short in providing an adequate education to Native American students and many others, and the pace of progress since has been frustratingly slow for tribal leaders.

New Mexico Attorney General Raúl Torrez said he intends to take over the ongoing litigation that led to the ruling from Gov. Michelle Lujan Grisham's administration to ensure that the state complies with court-ordered mandates.

The announcement was made public Tuesday, just days after Torrez met with Pueblo governors. The leaders welcomed Torrez's move, saying that many students who have graduated over the last five years were unable to reap the benefits of any changes.

"Now, my hope is that policies will finally be put in place and education programs will be developed, along with recurring funding, so that our children get the education they richly deserve both now and in the future," said Randall Vicente, the governor of Acoma Pueblo and a member of the All Pueblo Council of Governors.

Torrez, a Democrat, told the tribal leaders during their monthly meeting that the litigation — known as the Yazzie v. Martinez case — identified systemic issues within the state's education system and was monumental in setting a precedent for Native American and other minority students.

New Mexico historically has been at the bottom of the list when it comes to educational outcomes nationwide. Struggles to address lagging test scores and low graduation rates predated the coronavirus pandemic, and lawmakers have been pouring millions of dollars into efforts to boost access to broadband across the rural state as a way to get more students connected to the services they need.

The attorney general's office confirmed Tuesday that Torrez and members of his civil rights team already have met with lawyers representing the plaintiffs, including the New Mexico Center on Law and Poverty, and the advocates and experts who helped draft a plan for meeting the needs of Native students.

Preliminary discussions also included Lujan Grisham, a Democrat who initially sought to have the case dismissed in 2020. Lujan Grisham has since defended her administration, saying progress has been made. That includes adding more classroom time to the school year, paying teachers more, providing free school lunches and creating an office dedicated to special education.

Caroline Sweeney, a spokeswoman for the governor, said in an email Tuesday that the Lujan Grisham administration inherited the case and that Lujan Grisham has enacted "all the right policies" and has funneled more money to public schools.

The governor's office placed the onus on local school officials.

"The bottom line is this: We need to find a way to more directly hold school boards and school districts accountable for fully implementing the critical investments this administration has made over the last four years," Sweeney said. "The attorney general's office has the power to do just that. We have raised this issue with sovereign nations, and they agree."

Native American leaders have complained that legislative efforts and funding allocations to address the public education system's deficiencies have been piecemeal. The state Public Education Department also has yet to finalize its own plan to address the ongoing education lawsuit after soliciting public comment in the summer of 2022.

It's too early to say what effects the attorney general's intervention might have, but advocates said they are willing to work with anyone from the state to get results for students.

Other plaintiffs include low-income students and those learning English as a second language.

Advocates have been talking with students, parents and teachers from different New Mexico communities and hearing similar stories about teacher shortages, scarce resources, limited technology and internet access, and not enough culturally relevant instructional materials.

"For years the state has wasted resources on a legal defense that's protecting the current system, instead of deeply examining and getting to the root of the problems to fix things," Melissa Candelaria, an attorney and the education director at the New Mexico Center on Law and Poverty, said in a statement.

Santa Fe school board votes not to limit Fiesta Court's school visits -Santa Fe New Mexican

The Santa Fe Public Schools board voted against a proposal Monday that would have prohibited the Fiesta Court from participating in-school events. The proposed compromise would have allowed only after-school campus visits.

The Santa Fe New Mexican reported the 3-2 vote against the measure proposed by Superintendent Hilario “Larry” Chavez followed five hours of comments from people in the community.

The Fiesta Court dramatizes the re-entry into Santa Fe by Spanish governor Don Diego de Vargas’ in 1692 after the Pueblo Revolt.

Those opposing the measure called it an attack on Hispanic heritage. Supporters say Fiesta is a celebration of colonialism and bringing it into classrooms harms Indigenous students.

Some of the 100 people who spoke at the meeting said there was insufficient time for public feedback and criticized what they saw as a lack of transparency.

Students who do not wish to participate in Fiesta events have the option to opt out.