New Mexico Supreme Court Hears Arguments On Gov. Grisham's Gun Ban

The New Mexico Supreme Court heard arguments yesterday on the lawsuit against Gov. Michelle Lujan Grisham's "health order" ban on guns in parks and playgrounds.

The following was posted by the Republican Party of Santa Fe County:

Arguments in Republican Party of New Mexico Lawsuit Against Governor Michelle Lujan Grisham Heard Today by New Mexico 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 NRA - National Rifle Association of America (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.”

If you would like to watch the recorded Oral Arguments, please click on the link below.

https://www.youtube.com/live/zGd6pjQPkd4

Jim Jordan Nails DOJ Civil Rights Official On Grisham's Gun Order

From the YouTube video posting:

At today's House Judiciary Committee hearing, Rep. Jim Jordan (R-OH) questioned Assistant AG Kristen Clarke, chief of the DOJ's Justice Civil Rights Division.

Lujan Grisham Extends Unconstitutional Gun Edict

As she did during the pandemic, Gov. "Malevolent Michelle" Lujan Grisham has extended her "health emergency" executive order to further infringe on the Second Amendment rights of New Mexico citizens.

This little dictator needs to be impeached and removed from office. Those in areas affected (Bernalillo County and Albuquerque) by her order should tell her to shove it up her keister.

According to Piñon Post:

Democrat anti-gun Gov. Michelle Lujan Grisham has decided to extend an executive order declaring “gun violence” a public health emergency. The renewal, effective until December 29, 2023, underscores the governor’s attacks on lawful New Mexico gun owners’ rights.

Governor Lujan Grisham’s executive orders mandate collaboration among the Department of Health, Department of Homeland Security and Emergency Management, Department of Public Safety, and Health Care Authority. While the renewal doesn’t introduce any alterations to the existing orders, it does maintain the current public health directives banning guns in parks, among other measures.

A notable absence during the signing was the governor herself, with Lt. Gov. Howie Morales taking on the responsibility in her absence. The decision to renew these executive orders comes at a time when gun control measures are a subject of intense debate across the nation.

New Mexicans who follow the Constitution note that executive actions infringe upon individual rights and bypass legislative processes designed to ensure democratic decision-making, along with total ignorance of inalienable constitutional rights. Moreover, concerns have been raised about the effectiveness of labeling “gun violence” as a public health emergency and whether it is the most appropriate approach to tackling the complex social issues associated with it.

To read more, go here. 

NM High Court Sets Hearing On Governor's Unconstitutonal Gun Order

The New Mexico Supreme Court has set a hearing date on the lawsuit against Gov. Michelle Lujan Grisham's unconstitutional "health order" suspending Second Amendment rights in Bernalillo County and Albuquerque.

The Piñon Post reported:

In New Mexico, the state Supreme Court is preparing to hear arguments concerning the scope of the governor’s authority to issue public health orders. 

The petition initiating this legal scrutiny has been filed by entities including the National Rifle Association (NRA), the Republican Party of New Mexico, and every Republican state legislator. The legal filing came after Governor Michelle Lujan Grisham signed a public health emergency order stripping Bernalillo County and Albuquerque residents of their right to concealed or open carry a firearm. 

During the signing of the blatantly illegal order, Lujan Grisham claimed that no constitutional right, in her view, including her oath, “is intended to be absolute.”

Alongside questioning the governor’s authority, the petition seeks clarity from the court on whether drug abuse and gun violence can be considered valid grounds for declaring a public health emergency. The New Mexico Supreme Court has slated the arguments for January 8, where these issues will be thoroughly examined.

To read the full article, go here. 

Biden Judge Allowing Latest Grisham "Health Order"

It's funny (well, not really), I had a feeling that the judge in this matter would allow the governor's latest "health order". Therefore, I am not at all surprised.

From Piñon Post:

In a shocking development, U.S. District Judge David Urias has given the green light to enforce a public health order that suspends the right to carry guns at public parks and playgrounds in New Mexico’s largest metropolitan area. The decision comes in response to gun rights advocates’ request to block these temporary firearms restrictions during the ongoing legal challenges.

Far-left Democrat Governor Michelle Lujan Grisham sees this as a triumph for public safety, especially in light of recent shootings across the state resulting in tragic outcomes, particularly for children. The move underscores the governor’s obsession with implementing anti-gun edicts, cloaking her actions in recent tragedies.

We'll have to see what will happen next.

To read more, go here.

Gov. Lujan Grisham Defies Court... Again

The governor of New Mexico, Michelle Lujan Grisham, has proven time and again that she has no respect for the rule of law, the constitution and couldn't give a rat's ass about court orders. Again, she is defying the court in reissuing her "health orders" on guns.

Accordingly, she needs to be removed from office. She is currently facing impeachment proceedings. As of now, over 30 legislators are calling for her impeachment and removal from office. 

From the Piñon Post:

Gov. Michelle Lujan Grisham has again extended her anti-gun executive orders, introducing a renewed order that includes updated measures to curb access to firearms. Her past two executive orders were stricken down by a Joe Biden-appointed judge, forcing her to rewrite them again and release them via her New Mexico Department of Health Secretary Patrick Allen.

The renewed order now mandates the Department of Public Safety to organize gun buy-backs. Within the next 30 days, buy-back events will be held in Albuquerque, Española, and Las Cruces to attempt to further disarm the populous.

Lujan Grisham continues to face impeachment calls from 31 legislators, being led by Reps. Stefani Lord (R-Sandia Park) and John Block (R-Alamogordo), who have begun a certification petition process for an extraordinary impeachment session. 

To read more, go here. 

Why Criminals Are Happy With Lujan Grisham

 

2A Health Order: What's Next?

Above, what will the NM State Police do? 

There's a couple of things involving this saga over the unconstitutional "health order" by Gov. "Malevolent Michelle" Lujan Grisham that I am wondering about.

So far, the courts have taken no action on the lawsuits that have been filed since last weekend. Some reports state that they act possibly as soon as this afternoon.

The second thing that is concerning is: What will the New Mexico State Police do? Will they sit this one out and refuse to enforce the unconstitutional order or will they act as the governor's personal Gestapo (as they did during the pandemic) and enforce the order and cite "violators"?

As of now, they have been silent, which is strange.

From The Truth About Guns:

There are now six lawsuits (and counting) challenging New Mexico Governor Michelle Lujan Grisham’s public health order suspending Second Amendment carry rights in the Bernalillo County and the city of Albuquerque. While literally no local authorities are willing to enforce her clearly unconstitutional diktat, Grisham is still claiming that the New Mexico State Police will do her dirty work.

The State Police, however, have remained strangely silent on the matter and no one has been cited for any violations.

This afternoon, however, New Mexico Attorney General Raúl Torrez delivered the latest body-blow to the Governor’s authoritarian tendencies by announcing in a letter to Grisham that his office will not be defending her in court.

To read more, go here.

A Shopping Surprise

Above, National Guardsmen and security at Albertson's last April. Photo by Armand Vaquer.

Today seems to be a little respite between the governor's health order that expired yesterday and a new one starting tomorrow.

I went to Albertson's market in Gallup this morning to get some groceries as I was running low on food and other stuff. I was expecting to see a long line of people waiting to get into the market. But when I got there, there was no line and I was able to go in, grab a cart and shop. What a pleasant surprise! The market looked the most packed that I've seen in quite a while. 

Thankfully, I was able to get everything I needed. They even had packages of Angel Soft bathroom tissue (i.e., toilet paper). I bought a package of nine mega rolls. They had a sign in the toilet paper section stating purchases are limited to three packages per shopper. The shelves were empty of the other brands.

I was pleased that everything worked out just fine. We'll see how things go with the new health orders go into effect.