Albuquerque Journal

High court to consider governor’s veto power

Martinez administra­tion ordered to file response to legislator­s’ lawsuit

- BY DAN BOYD JOURNAL CAPITOL BUREAU

SANTA FE — The New Mexico Supreme Court has opened the door to a lawsuit filed by top legislator­s against Gov. Susana Martinez that hinges on the governor’s use of line-item vetoes in a state budget bill.

The state’s highest court on Monday scheduled oral arguments in the case for May 15 and ordered the Martinez administra­tion to file a written response by next week.

In the initial court challenge filed last week, top lawmakers asked the five-member Supreme Court to invalidate some of Martinez’s vetoes on the budget bill, arguing that the Republican governor oversteppe­d her authority by axing all proposed funding — roughly $779 million — for legislativ­e branch agencies, and public colleges and universiti­es.

The Legislativ­e Council, a group of leading legislator­s, specifical­ly argued in its lawsuit that the governor’s vetoes violated the state Constituti­on’s separation-of-powers clause.

Martinez has insisted her vetoes were on solid legal footing because the Constituti­on gives governors the authority to use line-item vetoes — which strike down certain parts of appropriat­ions bills.

In a Monday statement, Senate President Pro Tem Mary Kay Papen, D-Las Cruces, praised the court’s action, saying, “This is a clear recognitio­n from the Supreme Court that there are serious connotatio­nal questions regarding Governor Martinez’s authority to eliminate funding for all higher education institu-

tions and an entire branch of government.”

Papen also said she was encouraged that the Supreme Court had asked the New Mexico Council of University Presidents to submit a legal brief in the case.

The governor and the Democratic-controlled Legislatur­e have been at odds for most of this year over the budget.

In addition to her lineitem vetoes, Martinez struck down a $350 million package of tax and fee increases intended to help pay for government operations in the coming budget year, which starts July 1.

Martinez is expected to call a special session on the budget in the coming weeks, but her administra­tion and leading Democratic lawmakers have been unable to reach an agreement, and the Legislatur­e’s lawsuit could complicate matters.

Meanwhile, Martinez spokesman Michael Lonergan suggested Monday that Senate Majority Leader Peter Wirth, D-Santa Fe, and other top-ranking lawmakers had asked the Supreme Court to intervene to circumvent the governor.

“Sen. Wirth went to the courts because he wants New Mexicans to pay higher taxes — including on gas,” Lonergan said. “The governor doesn’t believe families should have to shoulder $350 million in tax hikes and she’s going to continue to block the Senate’s efforts to do so.”

 ??  ?? Senate President Pro Tem Mary Kay Papen
Senate President Pro Tem Mary Kay Papen

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