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STATE EX REL. STEWART v. MARTINEZ

No. 33,028.

270 P.3d 96 (2011)

2011-NMSC-045

STATE of New Mexico ex rel. Hon. Mimi STEWART, Hon. Ben Lujan, Hon. Eleanor Chavez, Hon. Antonio Lujan, Hon. Miguel Garcia, and Hon. Cisco McSorley, members of the New Mexico Legislature and citizens of New Mexico, Petitioners, v. Hon. Susana MARTINEZ, Governor of the State of New Mexico, Hon. Dianna J. Duran, Secretary of State of New Mexico, and Hon. Celina Bussey, Secretary of New Mexico Department of Workforce Solutions, Respondents, and Hon. Gary King, Attorney General of the State of New Mexico, Intervenor.

Supreme Court of New Mexico.

December 14, 2011.

Attorney(s) appearing for the Case

Freedman Boyd Hollander , Goldberg Ives & Duncan, P.A., Joseph Goldberg , John W. Boyd , Michael L. Goldberg , Albuquerque, NM, for Petitioners.

General Counsel, Office of the Governor, Jessica M. Hernandez , Jennifer L. Padgett , Matthew J. Stackpole , Santa Fe, NM, General Counsel, Department of Finance & Administration, Gregory S. Shaffer , Santa Fe, NM, General Counsel Workforce Solutions Department, Marshall J. Ray , Albuquerque, NM, for Respondents.

Gary K. King , Attorney General, Mark Reynolds , Assistant Attorney General, Scott Fuqua , Assistant Attorney General, Santa Fe, NM, for Intervenor.

OPINION

CHÁVEZ, Justice.

I. INTRODUCTION

{1} The New Mexico Legislature passed House Bill 59 during the 2011 legislative session. H.B. 59, 50th Leg., 1st Sess. (N.M. 2011) [hereinafter H.B. 59]. House Bill 59 sought to amend five different sections of the Unemployment Compensation Law (the Act), NMSA 1978, §§ 51-1-1 to -59 (1936, as amended through 2010), in order to address the impending insolvency in the unemployment...

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