The state Supreme Court today issued an order denying a petition for a writ of mandamus in a challenge to line-item vetoes in a tax measure (House Bill 547) passed by the Legislature in 2023. The case is S-1-SC-40091, State of New Mexico v. Lujan Grisham. Click here for a copy of the order.

Mr. Candelaria, lead counsel for Petitioner Rep. Miguel P. Garcia, issues the following statement in response to today's one paragraph Order from the Supreme Court:

"My client respects the Court's judgment. The single paragraph Order the Supreme Court issued today, however, does not explain the Court's rationale for denying our client's request to overturn Governor Lujan Grisham's line-item vetoes to the Legislature's 2023 omnibus tax bill.

The Court's decision thus leaves important questions about the extent of the Governor's veto power unanswered--chief among these being whether a bill that creates or amends a refundable tax credit, or a bill that transfers funds between one fund in the state treasury to another, are "appropriations" subject to the line item veto.

The Governor raised several procedural and substantive defenses in this case, and it's not clear which of these arguments the Court was persuaded by.

Given the important unanswered constitutional questions that remain in light of today's order, I fully expect there will be more litigation on these issues in the future as the executive continues to push the bounds of its authority over the Legislative process and the power of the purse."

--
CANDELARIA LAW LLC
Jacob R. Candelaria
Attorney and Counselor at Law