Grisham v. Van Soelen


The slip opinion is the first version of an opinion released by the Chief Clerk of the Supreme Court. Once an opinion is selected for publication by the Court, it is assigned a vendor-neutral citation by the Chief Clerk for compliance with Rule 23-112 NMRA, authenticated and formally published. The slip opinion may contain deviations from the formal authenticated opinion. 1 IN THE SUPREME COURT OF THE STATE OF NEW MEXICO 2 Opinion Number: __________________ 3 Filing Date: September 22, 2023 4 NO. S-1-SC-39481 5 MICHELLE LUJAN GRISHAM in her official 6 capacity as Governor of the State of New Mexico, 7 HOWIE MORALES, in his official capacity as 8 New Mexico Lieutenant Governor and President 9 of New Mexico Senate, MIMI STEWART, in her 10 official capacity as President Pro Tempore of the 11 New Mexico Senate, and JAVIER MARTINEZ, 12 in his official capacity as Speaker of the New 13 Mexico House of Representatives, 14 Petitioners, 15 v. 16 HON. FRED T. VAN SOELEN, District Court 17 Judge, Fifth Judicial District Court, 18 Respondent, 19 and 20 REPUBLICAN PARTY OF NEW MEXICO, 21 DAVID GALLEGOS, TIMOTHY JENNINGS, 22 DINAH VARGAS , MANUEL GONZALES JR., 23 BOBBY AND DEE ANN KIMBRO, AND 24 PEARL GARCIA, 25 Real Parties in Interest, 1 and 2 MAGGIE TOULOUSE OLIVER, 3 Defendant-Real Party in Interest. 4 ORIGINAL PROCEEDING ON PETITION FOR WRIT OF 5 SUPERINTENDING CONTROL 6 Hinkle Shanor LLP 7 Richard E. Olson 8 Lucas M. Williams 9 Ann C. Tripp 10 Roswell, NM 11 Peifer, Hanson, Mullins & Baker, P.A. 12 Sara N. Sanchez 13 Mark T. Baker 14 Albuquerque, NM 15 UNM School of Law 16 Michael B. Browde 17 Albuquerque, NM 18 Stelzner, LLC 19 Luis G. Stelzner 20 Albuquerque, NM 21 Holly Agajanian 22 Kyle P. Duffy 23 Santa Fe, NM 24 for Petitioners 25 Dylan Kenneth Lange, General Counsel 26 Albuquerque, NM 27 for Defendant-Real Party in Interest 1 Harrison, Hart & Davis, LLC 2 Carter B. Harrison IV 3 Daniel J. Gallegos 4 Albuquerque, NM 5 for Real Parties in Interest 1 OPINION 2 BACON, Chief Justice. 3 {1} This case presents the issue of whether a partisan gerrymandering claim is 4 cognizable and justiciable under the Equal Protection Clause in Article II, Section 5 18 of the New Mexico Constitution and, if so, what standards should be applied in 6 its adjudication. N.M. Const. art. II, § 18 (“No person shall be deprived of life, liberty 7 or property without due process of law; nor shall any person be denied equal 8 protection of the laws.” (emphasis added)). Real Parties in Interest (Real Parties)— 9 Republican Party of New Mexico, David Gallegos, Timothy Jennings, Dinah 10 Vargas, Manuel Gonzales Jr., Bobby and Dee Ann Kimbro, and Pearl Garcia—had 11 filed suit as Plaintiffs in the district court, alleging that the congressional districting 12 maps enacted in 2021 violate New Mexico’s Equal Protection Clause. As 13 Defendants in the district court, Petitioners—in their capacities as elected …

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