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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.


  • JH Cole says:

    Now we expect a “Statement” on the D. C. Circuit Appeals Court” Justices’ questions to Trump’s lawers today, 1/9/2024, on his claim of immunity from prosecution.

    Just kidding. We know Pearce, Berala, Skaggs, et al don’t have the integrity or spine to challenge their party leader, and with such “leaders” the NM GOP’s minority will keep shrinking.

  • WANTED! says:

    Do your part to support Law and Order. If you know someone who participated in J6 insurrection or the coup plot around it you can submit tips to the FBI by calling 1-800-CALL-FBI (1-800-225-5324).

    You can view images from J6 and help identify insurrectionist on the FBI website. It is the first result if you google search ” how to submit tips about January 6th”.

    Over 1200 case brought against insurrectionist thus far with 900 convictions and rising. Do you part for American Justice.

  • Congress can fixit says:

    All these Demoncrats lecturing us about the Constitution makes me sick! They think they can just throw up the 14th Amendment and stop Trump from running! But we can play that game also.

    The 14th Amendment Section 3 says that Congress can vote and make insurrectionist eligible for office again. They never focus on that part.

    Call your Representatives everyday until they bring a vote to clear Trump to run to the House and Senate floors! Its the only way to keep our country!

    • JH Cole says:

      Supporting Loser Trump’s “lost cause” just throws good intentions after bad. NM needs two parties, not Democrats versus a personality cult.

      Responsible commentators don’t fantasize about congress forgiving insurrectionists because it takes 2/3 of both houses.

      • Congress Can Fixit says:

        Noooo, its the only way to over come this nonsense about the 14th Amendment disqualifying Trump! Call Mike Johnson 202-225-2777 and demand that he bring it to a vote so we can put this stupid argument to bed.

        If Mike wont do it maybe Gaetz and MTG should remove him as speaker.

        • America First says:

          Remove Mike Johnson as Speaker of the House of Representatives and make Trump Speaker! The Republicans in the House should use a government shut down threat as leverage to make Trump Speaker of the House!

          There is NO downside. Either Trump becomes Speaker OR the government shuts down and people will loose their jobs and blame Biden!

          • Trump's Future Lawyer says:

            After becoming Speaker of the House of Representatives, my client Donald J. Trump, became 2nd in line to the Presidency.

            After the President and Vice President both died on the same day he again became President. As President his first act was to pardon himself for all crimes for all times, because he is and was totally innocent.

            My client of course exercised his right to suspend the 2024 election because of voter fraud that would have been committed by Biden’s and Hugo Chavez’s ghosts.

            If you disagree with my Client’s absolute authority you can lodge a complaint at wew.sheduledeathsquade,gov .

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