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GRISHAM v. ROMERO

No. S-1-SC-38396.

483 P.3d 545 (2021)

2021-NMSC-009

Michelle Lujan GRISHAM, Governor of New Mexico; Kathyleen Kunkel, Secretary of the New Mexico Department of Health, Petitioners, v. Honorable Raymond L. ROMERO, District Court Judge, Fifth Judicial District Court, Respondent, and Outlaw Meats, LLC, a New Mexico Limited Liability Company; F-2 Enterprises, Inc., d/b/a Texas Club Grill & Bar, a New Mexico Corporation; K-Bobs of Raton, Inc., a New Mexico Corporation; K-Bobs of Las Vegas, Inc., a New Mexico Corporation; B.M.B. Financial, LLC, d/b/a Trinity Hotel, a New Mexico Limited Liability Company; Red River Brewing Company, LLC, a New Mexico Limited Liability Company; and New Mexico Restaurant Association, Real Parties in Interest.

Supreme Court of New Mexico.

Filing Date: February 15, 2021.

Attorney(s) appearing for the Case

Office of the Governor, Matthew L. Garcia , Chief General Counsel, Jonathan Jacob Guss , Deputy General Counsel, Santa Fe, NM, for Petitioners.

Honorable Raymond L. Romero, District Court Judge, Fifth Judicial District, Carlsbad, NM, for Respondent.

Law Office of Angelo J. Artuso, Angelo J. Artuso , Albuquerque, NM, Patrick J. Rogers, LLC, Patrick J. Rogers , Albuquerque, NM, Roybal-Mack & Cordova Law, P.C., Antonia Roybal-Mack , Amelia P. Nelson , Darren Lee Cordova , Albuquerque, NM, for Real Parties in Interest.

Tabor & Byers, L.L.P., Justin Stewart Raines , Cas F. Tabor , Carlsbad, NM, for Amicus Curiae Eddy County.

Jonathan M. Diener , Mule Creek, NM, for Amicus Curiae Jalisco Café.

Harrison & Hart, LLC, Carter B. Harrison, IV , Albuquerque, NM, for Amici Curiae Republican Party of New Mexico, House Minority Leader Jim Townsend, and Senate Minority Leader Stuart Ingle.

OPINION

{1} This case presents the Court with yet another opportunity to address the difficult questions surrounding the executive branch's authority to impose business restrictions during a pandemic. Here, we answer two questions: (1) whether Petitioners are authorized to restrict or close businesses when...

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