Democrats

State Supreme Court orders extension on gerrymandering lawsuit

3 Comments / New Mexico, News, Politics / By

The legal battle surrounding the contentious congressional district map approved by a heavily Democratic New Mexico Legislature in 2021 has taken a new turn, as the state Supreme Court granted an extension of five days to a state district judge to settle a lawsuit brought forward by the Republican Party. Initially, the Supreme Court had set a deadline of October 1 for the District Court to resolve the redistricting case. However, in a recent amendment to the order, the Supreme Court has extended the timeline, stipulating that the court must take all necessary steps to resolve the matter by October 6, 2023, including the entry of a final, appealable order.

The lawsuit, filed in January 2022 by the Republican Party of New Mexico and six individuals, including Democrat Roswell Mayor Timothy Jennings, contends that the changes made to the congressional district map resulted from illegal gerrymandering orchestrated by the Democratic-majority Legislature. The case was later assigned to 9th Judicial District Judge Fred T. Van Soelen following the recusal or unavailability of all judges in the 5th Judicial District who were initially considered for the case.

At the heart of the legal dispute is the allegation that the redrawing of congressional district boundaries was aimed at diluting the influence of Republican voters in Southern New Mexico’s 2nd Congressional District. The Republican Party’s argument centers on strategically shifting certain communities with substantial Republican populations into the two northern districts, where Democrats have historically held strong advantages. Simultaneously, Democrat communities were moved into the Second Congressional District in a power-grab by the far-left Legislature.

The Democrats’ gerrymandering turned the District from leaning Republican by 14 points to now favoring Democrats by four points — an 18-point swing.

This claim suggests that the redistricting strategy, rather than adhering to the principles of fair representation, was crafted to manipulate electoral outcomes for partisan gains. Gerrymandering, a political practice that manipulates the boundaries of electoral districts to favor one political party, has been a contentious issue across the United States. Critics argue that gerrymandering undermines the principles of democracy and citizen representation.

The legal battle highlights a broader debate on the fairness and ethics of redistricting processes, particularly when they appear to prioritize partisan interests over the interests of the constituents. 

Legislative Democrats have obstructed the lawsuit by refusing to sit down for depositions with the plaintiffs’ attorneys, while Democrats have sought to remove Democrat Mayor Jennings from the proceedings.

As the lawsuit proceeds, the implications of the outcome could have far-reaching effects on New Mexico’s political landscape. Examining allegations of gerrymandering underscores the significance of transparent and unbiased redistricting processes, which are essential for upholding the principles of democratic representation and ensuring that voters’ voices are accurately reflected in the corridors of power.

Dems obstruct gerrymandering case with new court filing

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Dems obstruct gerrymandering case with new court filing

6 Comments / New Mexico, News, Politics / By

Democrat state legislators are obstructing justice by asserting their right to legislative privilege in the escalating legal conflict surrounding New Mexico’s gerrymandered congressional map. As tensions mount, several legislative leaders have made it clear this week that they won’t participate in the depositions scheduled by the Republican Party of New Mexico and other plaintiffs who oppose the redistricting efforts. The lawmakers have also submitted motions to invalidate the GOP’s subpoenas, according to the Albuquerque Journal.

The crux of their argument hinges on a specific clause within the state Constitution. This clause stipulates that legislators “shall not be questioned in any other place for any speech or debate or for any votes cast” in either legislative chamber. The Democrats’ assertion of this legislative privilege underscores their belief that they are shielded from external inquiries regarding their legislative actions and statements.

On the other hand, the plaintiffs contend that their requests for information are within the parameters of standard practice in gerrymandering lawsuits. They have also indicated a willingness to narrow the scope of their information requests. This conflict over depositions coincides with District Judge Fred Van Soelen’s looming deadline of October 1, as ordered by the Supreme Court, to settle the case. A trial is scheduled from September 27 to 29 in Lovington.

The legal dispute revolves around allegations made by the Republican Party of New Mexico and other parties, including Democrat Roswell Mayor Timothy Jennings, who claim that Democrat lawmakers and Gov. Michelle Lujan Grisham unlawfully diluted the voting power of Republicans in the newly redrawn congressional districts following the 2020 census. 

The core of the matter is illustrated through an extensive 80-page legal submission by attorneys supporting the maps. They claim that the GOP and other plaintiffs are demanding deposition and record submissions that could “transform this case into an unconstitutional circus that cannot be completed” by the October 1 deadline. The legislative privilege is portrayed as an unassailable foundation of the separation of powers, protecting the legislative branch from external encroachment by the judiciary or executive branches.

The Democrats also attempted to boot Democrat Mayor Jennings from the lawsuit, claiming he does not have standing despite his community being chopped up in multiple pieces and cracking the voting power of the people in Roswell.

Republicans’ legal representatives counter that legislative privilege can be counterbalanced with other constitutional rights. They argue that courts have occasionally overridden privilege claims in cases involving partisan gerrymandering, citing the potential deprivation of citizens’ equal participation in the political process due to redistricting.

The litigation has led the state’s Republican Party and other plaintiffs to assemble an extensive list of potential witnesses among Democrat lawmakers and political insiders. These individuals could be called upon to provide testimony under oath during depositions or at the trial. However, key legislative figures, including Senator Joseph Cervantes (D-Las Cruces), who co-sponsored the gerrymandering legislation, have formally informed the court that they will not participate in the scheduled depositions. This decision stems from their assertion of legislative privilege and other legal defenses.

The opportunity to question Democrat legislators under oath holds significant weight in the case. Opponents of the map, primarily Republicans, are striving to demonstrate that Democrat lawmakers crafted the gerrymandered plan with the intention of consolidating their party’s grip on power. Ultimately, the judge will likely assess whether a nonpartisan rationale exists behind the map’s formation.

Top Dems attempt to boot Dem mayor from gerrymandering lawsuit

Dems obstruct gerrymandering case with new court filing Read More »

Top Dems attempt to boot Dem mayor from gerrymandering lawsuit

5 Comments / New Mexico, News, Politics / By

Leading Democrat lawmakers involved in the challenge to the state’s gerrymandered congressional districts are seeking to have Democrat Roswell Mayor Timothy “Tim” Jennings and two other individuals removed as plaintiffs from the case, prompting a debate over legal standing and representation.

The motion, filed by attorneys representing New Mexico Speaker of the House Javier Martinez and Senate Pro Tem Mimi Stewart, contends that Jennings, along with fellow plaintiffs Dinah Vargas and Pearl Garcia, have failed to establish sufficient legal standing in the lawsuit. Legal standing, which enables an individual plaintiff to bring a specific claim to court, has become a central point of contention in the ongoing dispute over the redrawing of New Mexico’s congressional districts through S.B. 1.

Jennings speaking at a City Council meeting in 2022.

In a detailed 23-page motion, the Democrat legislators’ legal team argues that the plaintiffs have not adequately demonstrated that they have personally suffered harm due to the passage of SB 1. The motion asserts, “None of these three plaintiffs — allege— nor could they demonstrate— that their votes have been diluted under SB-1 or that relief the plaintiffs seek would redress any alleged harm. Accordingly, they should be dismissed from this action.”

While the plaintiffs counter that their grievance stems from the alleged cracking of conservative communities, particularly Roswell, among the three newly delineated districts, the lawmakers’ motion claims there needs more proof for plaintiffs to substantiate how their votes have been diluted and how the relief sought will address this issue. 

In an interview with the Roswell Daily Record, Mayor Jennings expressed strong disagreement with the motion, stating, “That’s bull. There is no reason I shouldn’t have standing.” Jennings, a Democrat who joined the Republican-backed challenge to the congressional map, contends that his community’s interests have been negatively impacted by the redistricting.

The heart of the dispute lies in Jennings’ claim that his community of Roswell was adversely affected by the redistricting. His argument emphasizes that the redistricting process has split his like-minded community among multiple districts, thereby diluting their collective voting power. The plaintiffs argue that this division prevents them from uniting to elect a candidate of their choice, directly opposing the central principle of equal representation.

The gerrymandered districts, which chopped up multiple communities and resulted in snake-like shapes, shifted the lone Republican district from leaning Republican by 14 points to now favoring Democrats by four points — an 18-point swing. This is a classic sign of partisan gerrymandering, along with the sprawling districts, as evidenced by the new Third Congressional District, which stretches from Jal in the extreme southeast corner of the state to Four Corners in the extreme northwest corner of the state. It would take nine hours and eleven minutes driving nonstop to reach both communities, which are all jumbled in the same district.

Legal experts weigh in on the debate, emphasizing that standing, while crucial in federal courts, is rooted in state constitutions for state court cases. Although the legislators’ strategy to challenge plaintiffs’ standing might not result in the case’s dismissal, the focus on the plaintiffs’ representation highlights the complexity of the legal and political battle surrounding the redistricting dispute.

As the case progresses, the ongoing debate over legal standing and its role in determining representation in state court cases continues to unfold.

Democrat mayor applauds NM Supreme Court’s gerrymandering move

Top Dems attempt to boot Dem mayor from gerrymandering lawsuit Read More »

Redistricting group praises NM Supreme Court’s ruling in gerrymandering case

12 Comments / New Mexico, News, Politics / By

This week, the fully Democrat New Mexico Supreme Court dealt Democrats a shocking blow when it denied Gov. Michelle Lujan Grisham’s appeal for the high court to strike a bipartisan lawsuit challenging the state’s extremely partisan congressional district gerrymander. That means the case can now be heard at the state district court level.

In 2021, the Democrats in the New Mexico Legislature rammed through maps that cut communities of interest in halves or thirds while creating snake-like districts that are clear of a partisan gerrymander. 

During the process, the Democrats gerrymandered the Second Congressional District, which swung the seat from favoring Republicans by 14 points to now favoring Democrats by four points, resulting in New Mexico’s only Republican congresswoman, Yvette Herrell, losing to far-left Democrat Gabe Vasquez, in 2022.

The nonprofit group that was heavily involved in the redistricting process, which the Democrat legislature subverted, Fair Districts New Mexico, applauded the state Supreme Court on its move.

“Some people are declaring yesterday’s decision a victory for New Mexico Republicans, who are challenging in court the state’s redrawn congressional map,” said Hannah Burling co-President of the League of Women Voters of New Mexico and Project Leader of Fair Districts for New Mexico. “But no one knows what the final decision on that question will be. Instead, yesterday’s decision is a victory for voters who believe the courts can – and must – protect voters’ constitutional rights by considering cases alleging partisan gerrymandering.”  

Heather Balas, Vice President of the Election Reformers Network, said, “New Mexico’s court rightly joins a growing number of other state supreme courts in holding what the U.S. Supreme Court once recognized and what every voter knows to be true: that extreme partisan gerrymandering is incompatible with democratic principles and causes constitutional harms. Such cases must be at least heard.” 

Mason Graham, Policy Director for Common Cause New Mexico noted that New Mexicans deserve a fair and transparent process for redistricting. “This process was flawed from the outset. When elected officials from either party meet in secret to manipulate maps and protect their political power, voters lose faith in our institutions and in democracy itself. In that way, gerrymandering harms us all. Ensuring the courts retain the power to protect the interests of voters is an essential safeguard.”

“As New Mexicans we are proud that on the day following Independence Day, the New Mexico Supreme Court affirmed the balance of power enshrined in our state constitution and respected by the U.S. Constitution. This is not a win for any political party; this is a victory for all New Mexicans.” 

The support for sending the case to the lower court to determine the case and the condemnation from all sides of the extreme partisan gerrymander by the New Mexico Democrats in the majority at the Legislature is a testament to the bipartisan groups and officials, such as Democrat Roswell Mayor Tim Jennings, in supporting fair districts. 

Redistricting group praises NM Supreme Court’s ruling in gerrymandering case Read More »

Hispanic and Latinos’ ‘drift’ away from Dems could mean Vasquez’s downfall

13 Comments / New Mexico, News, Politics / By

Far-left Democrat U.S. Rep. Gabe Vasquez of New Mexico’s Second Congressional District could be in for a surprise in his 2024 attempt to seek reelection, as Hispanics and Latinos, who make up 60 percent of the District, are shifting away from the Democrat Party.

Vasquez narrowly won his race in November by a mere 0.7 percent, making him one of the most vulnerable GOP targets in 2024.

According to an Axios-Ipsos Latino Poll, “More Latinos continue to favor the Democratic Party, but their allegiance is drifting. Some Latinos signal growing differences on cultural issues and crime — and give Republicans an edge in handling the economy.”

“Latinos are still more Democratic than Republican by significant margins,” Ipsos pollster and senior vice president Chris Jackson said. “But when you’re talking about elections that are won by a percentage point, small losses can make a difference.”

“The Democratic coalition is complicated in the best of times. The more pieces are in play, the harder it’s going to be for any Democratic candidate to thread the needle.”

This could mean imminent doom for the first-term Vasquez, who faces strong opposition by Republican former Congresswoman Yvette Herrell, who has vast support and won the seat over Democrat Congresswoman Xochitl Torres Small, a Latina, in 2020. Herrell has national support from U.S. House Speaker Kevin McCarthy, along with many top Republicans in New Mexico. 

National Republican Congressional Committee spokeswoman Delanie Bomar wrote, “For years, Gabe Vasquez and the Democrat Party have taken Hispanic voters for granted by ignoring the issues that are most important to them.”

She continued, “Under Biden’s failing economy, it’s clear New Mexico Hispanics are realizing Vasquez isn’t the guy for them.”

Hispanic and Latinos’ ‘drift’ away from Dems could mean Vasquez’s downfall Read More »

NM Dems exploit Farmington tragedy to resurrect defeated anti-gun bills

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New Mexico’s Democrat Gov. Michelle Lujan Grisham and the federal delegation have been going all-in, attempting to politicize the tragic Farmington shooting, which left three dead and six injured. 

New Mexico’s Democrat U.S. Reps. Teresa Leger Fernandez, Melanie Stansbury, and Gabe Vasquez led a moment of silence on the House floor, and at the same time, they pushed for anti-gun laws. 

New Mexico’s Democrat state lawmakers who unsuccessfully attempted to ram through extreme anti-gun laws are weaponizing the tragedy to get another shot at passing their extremist legislation.

Sen. Joseph Cervantes (D-Las Cruces), who proposed a bill banning all firearms with a capacity of more than ten rounds, told the Albuquerque Journal, “I’m hoping my colleagues won’t forget the events in Farmington this week when we meet again.”

Rep. Andrea Romero (D-Santa Fe), who sponsored a similar bill to Cervantes’, said, “It’s just heartbreaking…. As we heal from all of this, it’s ‘what can we do next?’ — that’s where my mindset is.”

“But Sen. Carrie Hamblen, D-Las Cruces, said the young age of the shooting suspect in Farmington underscores the need to raise the minimum age to 21 for the purchase of semiautomatic rifles — a proposal she intends to reintroduce,” reported the Journal.

“We will continue to pursue legislation that is about responsible gun ownership,” she claimed. 

While Democrats continue politicizing the deaths of people due to mental illness in order to push anti-gun laws, Republicans say they are focused on fixing the root cause — the mental health crisis. 

NM Dems exploit Farmington tragedy to resurrect defeated anti-gun bills Read More »

Gov. Lujan Grisham again under fire from Dems — this time about alcohol

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Democrat Gov. Michelle Lujan Grisham is once again under fire by leftists. Previously, they were angered over her veto of an electric vehicle tax credit in the omnibus tax package passed during the 2023 Legislative Session.

This time, however, they are angered that she vetoed an increased tax on alcohol that would have increased the alcohol tax rate by a massive 20 percent, with proceeds going to “harms reduction” programs. 

She is now under fire from her own party over the tax hike veto.

State Sen. Gerald Ortiz y Pino (D-Albuquerque) attacked the governor’s veto as “a serious misstep,” according to a report from New Mexico InDepth. 

“We’ll have to try again,” he added, “but it sure would have helped if the Governor’s staff had reached out to explain what was behind her decision,” he added.

“Neal Bowen, who since 2019 has directed the Behavioral Health Services Division, which oversees much of the state’s treatment and prevention services, called the outcome a ‘missed opportunity.’ Even that ‘trivial alcohol tax hike,’ Bowen wrote in an email to New Mexico In Depth, would have put the state in ‘a position to support an expansion of screening, treatment, and recovery services specific to alcohol,’” the outlet reported.

“I would expect an increase in alcohol excise tax would be welcome in light of the harm to the communities and cost to the state due to alcohol,” state Sen. Sedillo Lopez (D-Bernalillo) told The Santa Fe New Mexican.

In response to criticism of the veto, InDepth reported that the governor’s spokesperson Maddy Hayden claims Lujan Grisham “‘believes unequivocally’ that New Mexico needs to devote more resources to addressing alcohol misuse, according to Hayden. The governor felt the Legislature’s tax package represented ‘a potentially untenable hit to the general fund’ and vetoed the reallocation of alcohol tax revenues ‘out of fiscal responsibility,’ Hayden said, declining to clarify why the governor didn’t then retain the alcohol tax hike, which would have generated $10 million annually.” 

Gov. Lujan Grisham again under fire from Dems — this time about alcohol Read More »

AG Torrez attempts to halt Eunice’s lawsuit over pro-abortion state law

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On Tuesday, it was reported that Democrat New Mexico Attorney General Raúl Torrez is attempting to halt Eunice’s lawsuit against the AG and Gov. Michelle Lujan Grisham over the passage of H.B. 7, a newly passed 2023 state law attempting to usurp authority from federal law upheld in the federal Comstock Act. 

KRQE News reports, “The idea behind the latest filing is to try to get the district court to put the lawsuit on hold while the state’s Supreme Court makes a decision on a similar case. At the heart of the debate is whether or not individual cities are allowed to set local ordinances that might contradict state laws.” 

“Eunice, New Mexico, is arguing that federal law trumps state law and makes it illegal to ship or receive abortion medication. The city has also pointed out that ‘the city’s ordinance does not outlaw or prohibit abortion.’” 

The AG, “The City of Eunice enacted an ordinance purporting to enforce a federal law governing the sending of abortion-related materials through the mail or by common carrier. In its Complaint, the City seeks a declaratory judgment that House Bill 7 is contrary to and preempted by federal law. The City also seeks a declaratory judgment on what constitutes “the medical standard of care” under House Bill 7 in relation to the federal law.” 

“In this case, the interests of justice favor staying the matter pending resolution of the petition for writ of mandamus in the Supreme Court. Indeed, in the context at hand, when a stay implicates the New Mexico Supreme Court’s primacy as the state court of last resort to rule on a novel issue impacting the whole state simultaneously pending in the lower courts, the imposition of a brief stay is warranted. Judicial economy also favors staying the matter,” he claims.

Michael J. Seibel, the attorney representing the City of Eunice, says the City opposes Torrez’s request.

“We don’t think that the Supreme Court is addressing the issue that we have raised in the Eunice lawsuit,” Seibel told KRQE News 13

Sebel told the Piñon Post, “The Attorney General is trying to avoid the Comstock Act decision,” adding, “The Comstock Act is the law of the land, and it preempts state law.” 

“If they don’t like the Comstock Act, then change it, but that’s the law right now. And until the law is changed, laws must be enforced.”

AG Torrez attempts to halt Eunice’s lawsuit over pro-abortion state law Read More »

Dems panic over Herrell CD2 bid while national Republicans send endorsements

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Immediately following former Congresswoman Yvette Herrell’s announcement alongside U.S. House Speaker Kevin McCarthy that she is running to reclaim New Mexico’s Second Congressional District, New Mexico Democrats freaked out on social media.

The Democrat Party of New Mexico (DPNM) wrote, “At a rally with GOP elite Speaker McCarthy, Yvette Herrell just announced yet another bid for NM’s 2nd Congressional District. Herrell’s damaging record speaks for itself. Her radical and out-of-touch agenda prioritizes corporations and GOP elites over New Mexicans,” not mentioning current Rep. Gabe Vasquez’s extreme abortion up-to-birth, pro-criminal, or anti-parent agenda.

The group claimed, “From promoting dangerous conspiracy theories to undermining democracy, her actions don’t align with New Mexico’s values.” 

“Yvette Herrell’s announcement with national elite GOP leadership is out of step with New Mexican values and shows that she remains beholden to Washington politicians, not to the people of New Mexico’s Second District,” claimed DPNM chairwoman Jessica Velasquez.

A tiny band of elderly protesters showed up to protest Herrell’s Las Cruces campaign announcement, some of them spewing profanities at attendees while they drove into the event.

The crying from New Mexico Democrats comes as every national Republican in the U.S. House leadership has endorsed Herrell. 

House Speaker McCarthy wrote in a statement, “Yvette Herrell is a fearless conservative leader -and New Mexico needs her back in Congress. During her time in Washington, Yvette always put her constituents first: working hard to deliver results for New Mexico families and standing up for fiscal responsibility, free markets, and constitutional rights. Yvette has my full endorsement and I look forward to serving with her again next Congress.”

House Majority Leader Steve Scalise wrote, “I am proud to endorse my friend Yvette Herrell for Congress in New Mexico’s Second District. Yvette is a humble and hardworking leader who proved her effectiveness as legislator while serving in the New Mexico House and then in Congress. As a small business woman, Yvette is a champion for good paying jobs and the New Mexico industries that create them, and is a strong advocate for the conservative principles that make our country great.”

“Yvette Herrell’s work ethic and perseverance are an inspiration to us all, and I am excited to endorse her for Congress today. Yvette is a tireless campaigner, a knowledgeable and principled legislator, and a true advocate for New Mexico’s Second District. I am proud to stand with Yvette and eagerly anticipate working with her again in the next Congress,” wrote House Majority Whip Tom Emmer.

“Our country is on the brink because of failed Far Left policies and New Mexico needs my good friend and conservative fighter Yvette Herrell more than ever. Yvette is a rock solid conservative who puts America First and prioritizes results for hardworking families over partisan politics. I am fully backing Yvette in her race and encourage all voters to rally behind her as we work together to flip this seat!” wrote House Republican Conference Chair Elise Stefanik. 

Stefanik’s E-PAC also endorsed Herrell, as well as the group Value In Electing Women (VIEW) PAC.

Dems panic over Herrell CD2 bid while national Republicans send endorsements Read More »

After Vasquez’s pro-criminal vote, top GOP PAC launches billboard campaign

14 Comments / New Mexico, News, Politics / By

On Wednesday, the National Republican Congressional Committee (NRCC) announced it is launching a nationwide billboard campaign targeting vulnerable House Democrats who have embraced pro-criminal policies. 

Rep. Gabe Vasquez of New Mexico’s Second Congressional District is a name included on that list, who recently voted to reduce penalties for violent criminal offenders. Vasquez is a freshman won by a little over 1,000 votes in the November 2022 election.

“Crime is surging in these vulnerable Democrats’ backyards and they are signaling they don’t care,” NRCC Chairman Richard Hudson said. “A slap on the wrist for violent criminals is too extreme even for President Biden, but not extreme enough for these Democrats.”

Other House Democrats being focused on include Reps. Abigail Spanberger of Virginia and Susan Wild of Pennsylvania. 

The move comes as a crime wave has bludgeoned New Mexico, specifically Albuquerque, which Vasquez partially represents. 

2022 was the deadliest year on record in Albuquerque, with 121 homicides. New Mexico was ranked the state with the highest kidnapping rate in the nation. Businesses are also closing due to the crime epidemic plaguing the state.

After Vasquez’s pro-criminal vote, top GOP PAC launches billboard campaign Read More »

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