KOB 4 News (Albuquerque, NM) reported about yesterday’s hearing before the New Mexico Supreme Court in which oral arguments were presented both for and against New Mexico Governor Michelle Lujan Grisham’s amended and continuing Public Health Order (“PHO”) restricting the carry of firearms, placing more law enforcement officers in greater Albuquerque, and requiring wastewater testing for drugs at several state-funded facilities.
Those opposing the PHO included GOP members of New Mexico’s House and Senate, New Mexico’s Republican and Libertarian Parties, the National Rifle Association, and several citizens of Bernalillo County.
It was surprising that Chief Justice Shannon Bacon opened the hearing by asking why the petitioners were present because she didn’t know that the PHO was still in effect. The justices were apparently not aware that Governor Lujan Grisham had extended the PHO on December 29, 2023 for an additional 30 days.
The KOB 4 News article may be read in full HERE.
My brothers and sisters, the fact that: 1) the Chief Justice didn’t know the PHO had been extended and was still in effect; 2) that most of the requirements addressed in the PHO could have been accomplished using already existing authority by the governor; 3) that the State of New Mexico’s counsel did not know where to draw the line between ongoing public safety vs. public health matters as they pertain to PHOs; 4) that much of the concern centered around having to involve the legislature, which would reportedly be too slow to convene or encumber monies for emergency actions, and perhaps most of all; 5) that the continuing PHO was unilaterally issued under the direction of the governor for matters the entire country (including New Mexico) face every day and have done so for years as a matter of public safety (e.g., gun violence and crime). It would surprise this writer if the governor’s entire PHO (and its supporting justification) were not thrown out.
In response to the hearing, the Republican Party of New Mexico (“RPNM”) issued the following Press Release:
PRESS RELEASE
Republican Party of New Mexico
Contact: Ashley Soular
Email: ash@gopnm.org
Phone: (505) 298-3662
newmexico.gop
FOR IMMEDIATE RELEASE
Arguments in RPNM Lawsuit Against Gov. MLG Heard Today by NM Supreme Court
January 8—Today, the New Mexico Supreme Court heard oral arguments regarding the lawsuit filed by the Republican Party of New Mexico (RPNM) in conjunction with every GOP member of the state House and Senate, the National Rifle Association (NRA), former law enforcement and private citizens against Governor Michelle Lujan Grisham and NM Secretary of the Department of Health Patrick M. Allen for their usage of public health orders to remove New Mexicans’ Second Amendment rights.
Jessica Hernandez, legal counsel for RPNM and all plaintiffs, argued that the governor’s emergency order exceeded the emergency statutes and are an invalid use of emergency power.
Hernandez contended that it is entirely contrary to our system of government for one person void of the legislature to have the power to determine that an “emergency” has escalated to subjective and unspecified extents and to then impose substantive public policy and public funding decisions through declaring an emergency order.
Moreover, she explained that the public health order issued by the NM Health Secretary fails to meet the criteria of being an imminent threat and that utilizing data covering a period of over a decade cannot justify a circumstance being an emergency but rather a chronic issue.
During the hearing, Justice Briana H. Zamora asked Holly Agajanian, the governor’s chief general counsel, where the line should be drawn in response to the governor’s ability to declare public health emergencies. In response, Agajanian answered, “I don’t know,” validating the concern that the governor’s use of public health emergencies could set a dangerous precedent for future rights violations.
Chief Justice C. Shannon Bacon acknowledged RPNM’s perspective, saying to Agajanian, “I can conceive of almost anything being a public health emergency if I adopt your client’s perspective.”
The Justices also presented several hypothetical questions, including whether the governor could suspend New Mexicans’ ability to drive their cars by declaring an emergency for DUIs, comparing the similarity to the governor’s initial emergency order suspending the open and concealed carry of firearms. Agajanian deflected the comparison by asserting the amended public health order no longer bans concealed and open carry of firearms in public.
The amended public health order, which is currently being enforced, bans all firearms from parks and playgrounds.
Justice Michael E. Vigil stated that there is no statistical information within the emergency declarations showing there is a gun violence problem at parks and playgrounds in Albuquerque and Bernalillo County.
Justice Zamora asserted that most of the additional programs within the public health order could have been accomplished without the emergency declaration but that the emergency allowed for them to receive funding.
Justice Zamora warned of potential overreach through the use of emergency orders to attain unilateral capability over the allocation of funds saying, “If we allow this, what are we not allowing?” In response, Holly Agajanian again stated that she does not know where the line is.
RPNM Chairman and former Representative of New Mexico’s Second Congressional District, Steve Pearce, issued the following statement:
“We express our gratitude to the New Mexico Supreme Court for attentively listening to our case today. Our legal counsel presented the Justices with persuasive and compelling arguments, highlighting the momentous importance of holding the Governor and Secretary of Health accountable to the rule of law and ending their abuse of emergency power. RPNM is proud to take on this crucial case as we aim to safeguard the Constitutional rights of New Mexicans from current and future infringement.”
The Republican Party of New Mexico (RPNM) advances the ideals of individual liberties for the advancement of its citizens and the greater prosperity of our communities throughout New Mexico. Led by an Executive Board and its Chairman, former NM Congressman Steve Pearce, RPNM serves all New Mexicans via its headquarters in Albuquerque and can be contacted at (505) 298-3662.
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Our phone number is:
505-298-3662
Our mailing address is:
Republican Party of New Mexico
5150 San Francisco Rd NE # A
Albuquerque, NM 87109-4640
