New Mexico

NM high court won’t create constitutional right to abortion in latest ruling

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Despite some individuals attacking legal efforts for sanctuary cities for the unborn measures in New Mexico counties and municipalities by claiming they would create a constitutional right to abortion, the state Supreme Court today made very clear it would not make that determination in a lawsuit on the matter.

The ordinances were crafted using the federal Comstock Act, which prohibits the mailing of abortion-related materials, which would include the unsafe medication abortion pills.

Although the Court struck down these ordinances, it did write, “It is an enduring principle of constitutional jurisprudence that courts will avoid deciding constitutional questions unless required to do so,” adding, “Our forbearance of the constitutional questions, however, should not be construed as commentary on their merit. Rather, we heed the canon of constitutional avoidance and refrain from deciding constitutional issues unnecessary to the disposition of this case.”

During the case, Attorney General Raúl Torrez’s office argued that the ordinances violated the New Mexico Constitution’s Equal Rights Amendment, but the New Mexico Supreme Court declined that argument, writing, “We therefore decline to reach the State’s additional arguments under the New Mexico Constitution.”

The Court concluded, “We hold the Ordinances are preempted in their entirety based on the independent and adequate state law grounds provided in the Reproductive and Gender-Affirming Health Care Freedom Act, the Medical Practice Act, the Medical Malpractice Act, and the Health Care Code, as well as the Uniform Licensing Act.”

Now, the New Mexico Supreme Court, by ruling on the matter, has paved the way for the case to be taken to the U.S. Supreme Court. If the highest court in the land disagrees with the New Mexico Supreme Court that the Health Care Freedom Act explicitly preempts local regulations that interfere with access to reproductive health care, it could mean enforcement of a prohibition on trafficking abortion medications through the mail.

Attorney Jonathan Mitchell, who spearheaded these ordinances and worked on the litigation, wrote following the ruling, “We are thrilled with the New Mexico Supreme Court’s ruling.”

He added, “This is the first court to hold that an ordinance requiring compliance with the federal Comstock Act prohibits the shipment and receipt of abortion-related paraphernalia in states where abortion remains legal. We look forward to litigating these issues in other states and bringing the meaning of the federal Comstock Act to the Supreme Court of the United States.” 

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Heinrich grandstands over Trump Cabinet pick

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Senate Energy and Natural Resources ranking member Martin Heinrich, a far-left Democrat from New Mexico, is once again using his platform to grandstand, this time accusing Committee Chair Mike Lee of Utah of violating “protocol and precedent” over the scheduling of a confirmation hearing for President-elect Donald Trump’s nominee for Interior secretary, former North Dakota Governor Doug Burgum.

In a statement rife with indignation, Heinrich lamented Lee’s decision to hold the hearing next Tuesday without all the necessary paperwork being submitted. “I am extremely disappointed that Chairman Lee has scheduled the first Senate Energy and Natural Resources Committee confirmation hearing over my objection and before basic information has been given to the Committee. This is a breach of protocol and precedent, established over decades by Chairs of both parties,” Heinrich declared.

Heinrich, whose record is characterized by obstructionism and environmental extremism, claimed that nominees traditionally submit a questionnaire, financial disclosures, ethics approvals, and undergo an FBI check before hearings proceed. He refused to budge, stating, “Until these steps have been completed, I will not consent to notice of nomination hearings. Every nominee, every party, every administration should be subject to the same standards. I would urge Chairman Lee to reconsider his decision.”

Lee has not responded publicly to Heinrich’s objections, but the senator’s tactics appear to be a continuation of his pattern of attempting to stall progress under Republican leadership.

Meanwhile, Burgum has taken the high road, recently meeting with Heinrich and describing the interaction in positive terms. “Just really fun to talk to someone like Sen. Heinrich,” Burgum said, in part, graciously acknowledging New Mexico’s energy production success while joking about North Dakota’s place behind the state in national rankings.

If confirmed, Burgum would oversee public lands and wildlife conservation while holding significant influence over oil and gas leasing. A staunch advocate for expanding energy production and slashing overreaching environmental regulations, Burgum is expected to face opposition from Heinrich and his Democratic colleagues. However, his credentials as a two-term governor of an energy-rich state and his lack of scandal have garnered bipartisan respect, making his confirmation likely.

As part of his role, Burgum has been informally dubbed Trump’s “energy czar,” tasked with delivering on the administration’s promises of boosting domestic energy production and dismantling red tape that hinders industry growth.

While Heinrich’s obstructionist stance might score him points with his left-wing base, it does little to address the bipartisan concerns of American energy independence and conservation. His theatrics stand in stark contrast to Burgum’s pragmatic and solutions-focused approach, which is likely to resonate during the confirmation process.

In addition to Burgum, Heinrich is also expected to meet with Trump’s Department of Energy nominee, Chris Wright, later this week. Separately, hearings for EPA pick Lee Zeldin and other Trump nominees are moving forward, signaling that the administration’s efforts to enact its energy and environmental policies remain on track despite Heinrich’s predictable roadblocks.

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All of NM’s US House reps. back criminal aliens, vote against ‘Laken Riley Act’

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The U.S. House of Representatives passed the Laken Riley Act on Tuesday, marking the first major legislation approved by the 119th Congress. The bill, named after a Georgia nursing student tragically killed by an illegal immigrant, seeks to bolster public safety by tightening immigration enforcement measures. Despite its widespread bipartisan support, New Mexico’s entire Democratic House delegation—Reps. Teresa Leger Fernandez, Gabe Vasquez, and Melanie Stansbury—voted against the measure, prioritizing policies that benefit criminal aliens over the safety of their constituents.

The bill passed with a 264 to 159 vote, earning the backing of all voting Republicans and 48 Democrats. This represents an increase in Democratic support compared to last year’s vote on the legislation, signaling growing bipartisan concern over immigration enforcement failures. “We welcome with open arms any Democrat who wants to help us solve these problems because the American people demand and deserve it,” House Speaker Mike Johnson, R-La., said ahead of the vote.

The Laken Riley Act requires Immigration and Customs Enforcement (ICE) to detain illegal immigrants convicted of theft-related crimes and grants states the authority to sue the Department of Homeland Security (DHS) for harm caused by federal immigration policies. Proponents argue that the bill is a necessary step to hold the Biden administration accountable for its perceived leniency on border security.

“It’s striking that one of Gabe Vasquez’s first votes in Congress is against keeping New Mexico families safe. Vasquez wants an America where illegal migrants can murder, rape or steal without fear of punishment,” wrote the National Republican Congressional Committee’s Will Reinert.

“Today, Gabe Vasquez proved to New Mexicans that their safety and well-being is not his priority,” said Congressional Leadership Fund Regional Press Secretary Maureen O’Toole. “What will it take for Vasquez to protect New Mexico families and take border security seriously?”

“House Republicans won’t stop fighting to secure the border and protect American communities,” House Majority Leader Steve Scalise, R-La., said. “When will Democrats finally decide enough is enough?” Scalise emphasized that the bill directly addresses the tragic consequences of lax immigration policies, such as the murder of Laken Riley.

Jose Ibarra, the illegal immigrant convicted of Riley’s murder, had a history of prior arrests but was never detained by ICE. This failure to act, critics say, underscores systemic flaws in federal immigration enforcement. Rep. Mike Collins, R-Ga., who introduced the bill, called the measure a “commonsense” approach to protecting American lives.

Despite these arguments, Reps. Leger Fernandez, Vasquez, and Stansbury sided with the majority of their party in opposing the legislation. Their votes have sparked criticism from New Mexicans who view the bill as a straightforward measure to enhance public safety, and their votes resonate even louder since New Mexico is a border state. By opposing the act, the delegation has chosen to align with policies that prioritize illegal immigrants over the well-being of law-abiding citizens.

“I think they put politics ahead of principle,” Speaker Johnson said of Democrats who opposed the bill last year. The same criticism is now being directed at New Mexico’s representatives, who are accused of turning their backs on constituents concerned about rising crime and border insecurity.

The Laken Riley Act’s passage comes amid broader Republican efforts to reintroduce border security legislation as the party takes control of both chambers of Congress. The Senate is expected to vote on the measure later this week, potentially setting up a showdown with Joe Biden, whose administration has faced sharp criticism over its immigration policies.

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As Dems prep alcohol tax hike, MLG wants you to join ‘Dry January’

30 Comments / New Mexico, News, Politics / By

Far-left Gov. Michelle Lujan Grisham is urging New Mexicans via the New Mexico Department of Health (NMDOH) to join the “Dry January” challenge, which means no consumption of alcohol whatsoever during the first month of the year.

“Start the new year with a healthy reset by joining the growing movement of Dry January, a month-long commitment to go alcohol-free and focus on wellness,” wrote the Department in a press release. “Dry January is a global public health initiative encouraging people to take a break from alcohol for the entire month of January.”

In response, state Rep. John Block (R-Alamogordo) wrote on X, “Governor drunk on power (@GovMLG) wants you to join ‘dry January,’” adding, “Sure, guv! I’ll take a glass of a nice dry Cabernet this evening — not paid for by the taxpayers — unlike your extravagant alcohol binge during COVID.”

Notably, this comes from the same governor who spent lavishly on beer, wine, and spirits on the taxpayers’ dime during her stringent COVID-19 lockdowns and beyond.

For example, KOB reported, on one occasion,  “The receipts we reviewed show about $350 in alcohol purchase for beer, Crown Royal, an assortment of wines and tequila.  According to Stelnicki, these alcohol purchases were made over a period of time for a future staff party after the COVID-19 pandemic ends.” 

Democrat allies of the governor in the legislature previously introduced and are reintroducing legislation that will increase alcohol taxes on consumers, harming the poorest New Mexicans.

Proponents of the tax are attempting to attack white people for consumption of alcohol, saying they are the reason there are “alcohol harms” in the state.

“Most alcohol in the state is consumed by individuals who are White, yet the highest mortality is observed among individuals who are Indigenous, Hispanic, and Black individuals,” a November presentation from a group presenting the bill in front of the interim Indian Affairs Committee noted, adding, “Most alcohol in the state is consumed by individuals who are White, yet the highest mortality is observed among individuals who are Indigenous, Hispanic, and Black individuals.”

The presentation, which now floats a 12 percent alcohol sales tax and an increased excise tax, notes how consumers would be forced to pay $2.50 more for a bottle of vodka, $15.00 more for a bottle of Scotch whiskey, with unfounded claims that increases would “[r]educe alcohol consumption by approximately 4%-11%”

Now, as the legislation moves through the Legislature during the upcoming January 21 legislative session, New Mexicans should be informed about how this would negatively affect them if it is passed. 

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Two of NM’s US House reps. reject deporting illegal alien pedos, killers

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The U.S. House of Representatives recently passed the Violence Against Women by Illegal Aliens Act, a bill introduced by Republican Representative Nancy Mace of South Carolina. 

This legislation mandates the deportation or inadmissibility of illegal immigrants convicted of sex offenses, domestic violence, stalking, child abuse, or violating protection orders. The measure passed with a 266-158 vote, with every Republican and 51 Democrats in favor, while 158 Democrats opposed it.

Among New Mexico’s delegation, Rep. Gabe Vasquez was the sole vote in favor of the bill. Reps. Teresa Leger Fernandez and Melanie Stansbury voted against the measure, joining the majority of their Democratic colleagues in opposition.

The bill, which has sparked intense debate, comes at a time when immigration policies remain a contentious issue. Proponents, including Rep. Mace, argue the legislation addresses safety concerns, specifically targeting individuals convicted of heinous crimes. 

In a statement provided to Newsweek, Mace criticized opponents, saying, “158 Left-wing members of Congress just voted against deporting rapists, pedophiles, and murderers of women and kids.”

Opponents, however, contend that the bill unfairly targets immigrants and could have unintended consequences for survivors of domestic violence. Representative Pramila Jayapal, a vocal critic, stated during the debate, “Scapegoating immigrants and attempting to weaponize the crime of domestic violence is appearing to be a time-honored tradition for Republicans.” She also warned that the bill might deter survivors from coming forward due to fears of deportation.

As the bill moves to the Senate, the votes of New Mexico’s representatives highlight the state’s varied perspectives on immigration and crime policy. While Vasquez’s vote may appeal to constituents favoring stricter immigration enforcement, Leger Fernandez and Stansbury’s opposition reflects a commitment to safeguarding immigrant rights and seeking comprehensive reforms.

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Keller regime allegedly cheated child care providers out of COVID aid: OSI

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The Office of Inspector General (OIG) released a 24-page report on January 2, highlighting alleged misuse of $287,972.77 in federal COVID-19 Child Care Stabilization Grant funds by 27 employees under Mayor Tim Keller’s administration. These funds were intended for child care providers but were reportedly used to distribute bonuses to city employees, including high-ranking personnel.

The investigation was prompted by an anonymous tip about the alleged improper use of the grant. According to the report, the funds were diverted to compensate employees not directly involved in child care services. This action appears to violate the grant’s stipulations, which explicitly restrict use to personnel associated with licensed child care facilities or services. “The evidence obtained by the OIG substantiates that employees, including high-ranking department personnel, received several premium pay disbursements in violation of allowable personnel costs,” states the report.

Attorney John Day noted the potential for broader consequences, emphasizing, “The real problem for the city is whether the Department of Justice or U.S. government will look at this,” citing similar federal investigations into misused pandemic relief funds. Day added, “If the Department of Justice determines that money was misused, it could be a significant problem.”

The controversy centers on whether the city’s interpretation of “premium pay” under the grant’s guidelines was appropriate. Associate Chief Administrative Officer Carla Martinez defended the payments, stating, “These were employees who kept childcare centers open during the COVID crisis. These were not bonuses and were not inappropriate.” Martinez argued the funds were used for “necessary overtime funding for critical early childhood caregiver programs and management.”

City Council President Dan Lewis, however, referred the investigation to the U.S. Attorney’s Office, alleging federal crimes. “These funds, approved by the Council, were intended exclusively for early childhood programs,” Lewis said. “However, they appear to have been unlawfully redirected as cash bonuses for the Mayor’s staff.”

Mayor Tim Keller’s spokesperson, Alex Bukoski, dismissed Lewis’ accusations as politically motivated, calling them “a grossly inaccurate overreaction” and part of a series of “bitter rants” against Keller’s administration. The OIG report also notes discrepancies in the grant applications, including electronic signatures of employees who were either unaware or no longer employed at the time of submission. These irregularities raise further questions about the oversight and administration of the funds.

Adding to the complexity, the Accountability in Government Oversight Committee—tasked with reviewing the OIG’s findings—declined to approve the report, citing jurisdictional concerns. By a unanimous 5-0 vote, the committee stated the OIG lacked sufficient authority under the Inspector General Ordinance to investigate some allegations.

The OIG’s recommendations include reviewing the disbursements, potentially reallocating misused funds to the city’s General Fund, and repaying the granting authority. Additionally, they suggest implementing clear policies to define “one-time premium pay” and ensuring authorized personnel handle future grant applications. As scrutiny over the issue intensifies, the matter remains unresolved, leaving questions about accountability and adherence to federal guidelines.

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Popular convenience store opening two new NM locations

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Yesway, a prominent convenience store chain in the United States, has expanded its footprint with the opening of five new Allsup’s locations in Texas and New Mexico. These additions mark a significant milestone in the company’s rapid growth since acquiring Allsup’s Convenience Stores in November 2019.

The new stores in Texas are situated at 2450 Southeast Access Road in Mount Vernon, 9704 Highway 87 in Lubbock, and 100 East US Highway 67 in Keene. In New Mexico, the stores have been established at 8951 Mountain Vista Parkway in Las Cruces and 3075 W Main Street in Farmington.

Each of these stores is a large-format location, covering 6,277 square feet and operating 24/7. Customers can enjoy an extensive product selection, including Allsup’s signature offerings like its “World Famous” burritos, private-label snacks, and fresh essentials such as bread, milk, and eggs. Many locations also feature additional amenities, including beer caves, Western Union services, ATMs, and options for cryptocurrency and digital transactions, ensuring convenience for a diverse range of customer needs.

Allsup’s in Gallup, NM. Rodrigo Paredes, Wiki Commons.

Thomas Brown, Yesway’s chief real estate officer, emphasized the critical role of the company’s dedicated team in achieving this milestone, stating: “We could not have achieved this swift pace of growth in 2024 without the relentless efforts and exceptional dedication of our talented teams. I extend our heartfelt thanks to every one of them.”

With these latest openings, Yesway now operates 440 stores across nine states, including Texas, New Mexico, South Dakota, Iowa, Kansas, Missouri, Wyoming, Oklahoma, and Nebraska. The stores are branded under both Yesway and Allsup’s, continuing to provide quality products and services to customers in these regions.

Yesway’s growth trajectory has been fueled by substantial investments. In 2023, the company secured $190 million in equity to support its expansion plans, enabling the construction of 28 new stores that year. This followed the addition of 17 stores in 2022, reflecting Yesway’s commitment to scaling its operations and enhancing its offerings.

This latest development underscores Yesway’s strategy to strengthen its presence in key markets and deliver a comprehensive shopping experience that combines convenience, variety, and innovation. By continually investing in new locations and amenities, the company is well-positioned to meet the evolving needs of its customers across multiple states.

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Longtime GOP state lawmaker gets new role on powerful regulatory board

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Republican former state Sen. Greg Nibert, a longtime state lawmaker, has been appointed to the New Mexico Public Regulation Commission (PRC) for a two-year term starting January 1, 2025. Governor Michelle Lujan Grisham announced the appointment, which follows the conclusion of Commissioner James Ellison’s term on December 31, 2024.

Expressing his enthusiasm for the role, Nibert stated, “I am honored to be nominated to the Public Regulation Commission….I look forward to securing New Mexico’s energy future for generations to come.”

Nibert’s selection came after a competitive process involving over 30 candidates. The Public Regulation Commission Nominating Committee, established under legislation signed by the governor in 2020, evaluated and recommended candidates. This seven-member committee plays a pivotal role in ensuring qualified individuals are selected for the PRC. It will continue to convene as needed to fill future vacancies.

Sen. Greg Nibert’s official photograph.

As a PRC commissioner, Nibert will earn an annual salary of $190,000. This position places him at the forefront of key regulatory decisions impacting utilities and energy across the state.

Nibert brings extensive experience to the role. He has been a partner at Hinkle Shanor LLP since 1987, specializing in real property, energy, and administrative law. His legal expertise has contributed to advancing major energy and natural resource projects throughout New Mexico.

In addition to his legal career, Nibert has a notable history of public service. He has served in both the New Mexico Senate and House of Representatives, earning recognition for his legislative accomplishments. He left the House as the minority whip before being appointed to the state Senate. His leadership and commitment to the state’s progress have been widely acknowledged.

With his appointment to the PRC, Nibert is poised to play a significant role in shaping New Mexico’s energy policies. His focus on meeting renewable energy targets aligns with the state’s long-term vision for sustainability and growth.

“This is a responsibility I take very seriously,” Nibert added.

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These new laws and regulations are taking effect in NM in the new year

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As New Mexico ushers in the new year, several legislative changes are set to take effect on January 1, 2025, impacting various aspects of life in the state. Here’s an overview of the key laws and regulations coming into force:

Tax Reforms and Incentives

  • Corporate Income Tax Adjustment: The new law is transitioning New Mexico to a flat corporate income tax rate of 5.9%, replacing the previous two-bracket system. This change aims to simplify the tax structure for businesses operating within the state.
  • Advanced Energy Equipment Income Tax Credit: A new law will offset up to 20% of equipment costs for producing components related to solar, wind, battery manufacturing, and rare earth elements. This initiative is expected to attract investments and stimulate job creation in the renewable energy industry.

Las Cruces Minimum Wage Increase

  • Las Cruces Wage Hike: The minimum wage law in Las Cruces will raise the minimum wage to $12.65 an hour per hour from $12.36 per hour.

NOTE: A previous version of this article inaccurately described the New Mexico minimum wage to increase, which it is not.

State Park Fee Hike

  • Fee Modifications: A state law grants residents free access to state parks from January 1 through April 30, 2025. Afterward, entry fees will return at higher rates. Non-residents can also claim free day passes starting in October, extending through April 30. 
Oliver Lee Park, ENMRD

Health Insurance Plan Regulations

  • Supplemental Plan Requirements: New insurance regulations mandate that accident-only, specified disease, hospital indemnity, and other fixed indemnity plans sold to individuals with major medical coverage must comply with specific standards. Insurers are required to obtain proof of major medical coverage before issuing these supplemental plans, ensuring consumers are adequately informed and protected.

These legislative updates reflect New Mexico’s efforts to enhance economic growth, support its workforce, and ensure the well-being of its residents. As these laws take effect, individuals and businesses should familiarize themselves with the changes to fully understand their implications and benefits.

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NM’s influence in the 2024 elections: How the Land of Enchantment ranked

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In the wake of the critical 2024 elections, a recent WalletHub study sheds light on voter power across the nation. While some states emerge as key battlegrounds, others hold less sway in determining the outcome of presidential and Senate races. For New Mexico, the data reveals a mixed but intriguing picture of voter influence.

Senate Power Rankings: New Mexico in the Top 10

In the Senate rankings, New Mexico ranks 10th with a Voter Power Score of 51.63. This places the state firmly in the upper echelon of influence among the 33 ranked states. Vermont, Wyoming, and North Dakota take the top three spots, highlighting the outsized impact smaller states often enjoy due to equal Senate representation.

New Mexico’s relatively high ranking in Senate influence stems from its smaller population relative to its two Senate seats. While larger states like California (ranked 33rd) and Texas (32nd) see their individual voters’ impact diluted, New Mexico’s voters carry significantly more weight per capita. This dynamic underscores the importance of New Mexico’s participation in shaping the composition of the Senate, where every vote could determine critical policy decisions in the coming years.

Presidential Rankings: A Swing but Less Powerful State

In the presidential election rankings, New Mexico’s Voter Power Score is 65.01, placing it 14th among the 49 ranked states and Washington, D.C. While this score highlights a moderate level of influence, it’s worth noting that the top-ranking states, such as Nevada (201.78) and North Carolina (186.29), are all considered fiercely contested battlegrounds.

New Mexico’s middle-ground position reflects its historical voting patterns. Although the state has swung between parties in past elections, recent trends show it leaning Democratic. As a result, New Mexico’s role in deciding presidential outcomes has lessened compared to pivotal swing states like Georgia and Wisconsin. However, its influence still surpasses larger, more predictable states like New York (ranked 33rd) and California (42nd).

The Broader Context: Why Voter Power Matters

The WalletHub study highlights disparities in voter influence stemming from the structure of the Electoral College and Senate representation. For example, while Senate races afford smaller states like New Mexico a greater say, the presidential election’s winner-takes-all system in most states diminishes the influence of those not in highly competitive regions. Nonetheless, New Mexico’s relatively strong performance in both rankings underscores the importance of voter turnout and civic engagement in the state.

Methodology

WalletHub calculated Voter Power Scores based on factors such as population size, number of electors, and win probabilities. The study incorporated data from the U.S. Census Bureau, YouGov, and other sources.

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