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STATE EX REL. CANDELARIA v. GRISHAM

No. S-1-SC-38996.

539 P.3d 690 (2023)

2023-NMSC-031

STATE EX REL. Jacob R. CANDELARIA, in His Capacity as State Senator, and Gregory Baca, in His Capacity as State Senator, Petitioners, and K. Joseph Cervantes, in His Capacity as State Senator, Daniel Ivey-Soto, in His Capacity as State Senator, George K. Muñoz, in His Capacity as State Senator, and Gerald Ortiz y Pino, in His Capacity as State Senator, Intervenors-Petitioners, v. Michelle Lujan GRISHAM, in Her Capacity as Governor, Respondent, and Tim Eichenberg, in His Capacity as State Treasurer, Real Party in Interest.

Supreme Court of New Mexico.

Filing Date: October 12, 2023.

Attorney(s) appearing for the Case

Candelaria Law, Jacob R. Candelaria , Albuquerque, NM, Baca Law Offices, Gregory Baca , Las Lunas, NM, for Petitioners.

K. Joseph Cervantes , Las Cruces, NM, Daniel A. Ivey-Soto , Albuquerque, NM, George K. Muñoz , Gallup, NM, Gerald Ortiz y Pino , Albuquerque, NM, Intervenors-Petitioners, pro se.

Office of the Governor, Holly Agajanian , Chief General Counsel, Kyle P. Duffy , Associate General Counsel, Maria S. Dudley , Associate General Counsel, Santa Fe, NM, for Respondent.

L. Helen Bennett, P.C. Linda Helen Bennett , Albuquerque, NM, for Real Party in Interest.

OPINION

VARGAS, Justice.

{1} The federal government, through the American Rescue Plan Act of 2021, provided approximately $1.75 billion in COVID-19-related financial assistance to New Mexico. This case presents a separation of powers...

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