GRISHAM v. VAN SOELEN

No. S-1-SC-39481.

539 P.3d 272 (2023)

2023-NMSC-027

Michelle Lujan GRISHAM in her official capacity as Governor of the State of New Mexico, Howie Morales, in his official capacity as New Mexico Lieutenant Governor and President of New Mexico Senate, Mimi Stewart, in her official capacity as President Pro Tempore of the New Mexico Senate, and Javier Martinez, in his official capacity as Speaker of the New Mexico House of Representatives, Petitioners, v. Hon. Fred T. VAN SOELEN, District Court Judge, Fifth Judicial District Court, Respondent, and Republican Party of New Mexico, David Gallegos, Timothy Jennings, Dinah Vargas, Manuel Gonzales Jr., Bobby and Dee Ann Kimbro, and Pearl Garcia, Real Parties in Interest, and Maggie Toulouse Oliver, Defendant-Real Party in Interest.

Supreme Court of New Mexico.

Filing Date: September 22, 2023.


Attorney(s) appearing for the Case

Hinkle Shanor LLP, Richard E. Olson , Lucas M. Williams , Ann C. Tripp , Roswell, NM, Peifer, Hanson, Mullins & Baker, P.A., Sara N. Sanchez , Mark T. Baker , Albuquerque, NM, UNM School of Law, Michael B. Browde , Albuquerque, NM, Stelzner, LLC, Luis G. Stelzner , Albuquerque, NM, Holly Agajanian, Kyle P. Duffy , Santa Fe, NM, for Petitioners.

Dylan Kenneth Lange , General Counsel, Albuquerque, NM, for Defendant-Real Party in Interest.

Harrison, Hart & Davis, LLC, Carter B. Harrison IV , Daniel J. Gallegos , Albuquerque, NM, for Real Parties in Interest.


OPINION

{1} This case presents the issue of whether a partisan gerrymandering claim is cognizable and justiciable under the Equal Protection Clause in Article II, Section 18 of the New Mexico Constitution and, if so, what standards should be applied in its adjudication. N.M. Const. art. II, § 18...

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