The New Mexico Supreme Court on Tuesday dismissed a lawsuit challenging Gov. Michelle Lujan Grisham’s use of line-item vetoes during this fall’s special legislative session. All five justices agreed to deny the petition, issuing a brief order that offered no explanation for the decision.
The complaint was filed in October by Duke Rodriguez, a former state Cabinet secretary and cannabis industry executive who has said he is weighing a Republican bid for governor in 2026. Rodriguez sought to invalidate several vetoes the governor made in a spending measure approved during the October special session, which lawmakers convened to address federal funding reductions.
The disputed vetoes involved language that would have placed deadlines on how quickly certain state funds must be spent, as well as the removal of the phrase “minimum federal” in reference to food benefits. Attorneys for the governor argued that the contested wording would have constrained the administration’s ability to carry out the purpose of the appropriations. Lujan Grisham “simply vetoed erroneous language that would have prevented the Executive from carrying out the purpose for which the funds were appropriated,” they wrote.
Rodriguez countered that the vetoes overstepped constitutional limits and interfered with legislative authority. His lawsuit argued the governor’s actions distorted legislative intent and violated the separation of powers.
Rodriguez is the president and CEO of Ultra Health, a major cannabis firm. He recently told The New Mexican he is contemplating a run for governor, though public records show he primarily voted in Arizona for more than two decades and registered to vote in New Mexico only last year.
His attorney, former state Sen. Jacob Candelaria, said he was disappointed the court chose not to provide any reasoning. “I think my client would feel very differently if there was just some reasoning and they actually explained why they gave the decision they did,” he said, characterizing the order as “just having the court’s door shut in a litigant’s face with a one-word denial.”
Candelaria said the lack of explanation leaves unanswered whether the justices rejected the case on standing grounds or on the merits. He warned that the silence could encourage governors to stretch the limits of their veto authority. Without clarity, he said, “future governors will basically use this case and the court silence as an opportunity to dramatically expand the line-item veto power.”
In a written statement, Rodriguez said the ruling “may be the final push I needed to officially enter this race” for governor. He called the outcome “deeply consequential,” arguing it grants the executive branch “significant influence” over legislative decisions and highlights the need for a governor “committed to governing within both the spirit and the letter of our constitution.”
Rodriguez added that a full opinion from the court would have offered “lasting clarity” on who has the right to challenge a governor’s vetoes and how far that authority extends.
we live in a hermit kingdom where MLG is Queen . Dems dont want Kings but they love the Queen. the NM Supreme Court is a clown court of enablers. they are puppets for the party. may as well disband them, they are useless. certainly not worth 1/100 of what they are paid. the court didnt even have the decency to explain their verdict. most likely because no explanation would make it plausible. they run cover for shorty. NM govt is as phony as it gets.