State high court to consider governor’s veto appeal
governor’s office clashed over the state budget.
Legislators filed a lawsuit, arguing the vetoes were invalid because the governor either did not initially provide any particular reason for scrapping the bills.
State District Judge Sarah Singleton agreed, adopting a strict interpretation of the constitution and denying the governor’s request to put the laws on hold while Martinez appealed the decision.
The bills officially became law in September.
But lawyers representing Martinez asked the New Mexico Court of Appeals to stop the laws by issuing a stay while they make their case.
When deciding to issue a stay, judges usually consider what is in the public interest, whether an appeal is likely to succeed at all and whether anyone will be harmed if a stay is not issued.
The governor’s lawyers argue Singleton did not use the correct legal standard when denying their request for a stay.
And they contend at last five of the vetoes could be valid because the governor provided an explanation within three days, albeit in a separate message not attached to any particular piece of legislation.
Meanwhile, lawyers for the Legislature have countered that stopping the laws from taking effect would effectively trample the state’s system of checks and balances.
“It appears inevitable that, whatever decision we make on the stay issue, the question will be presented to the Supreme Court for its review, and given the significance of this matter to the public, we are disinclined to delay such a review,” Chief Judge Linda Vanzi and Judge J. Miles Hanisee wrote.
The state Supreme Court accepted the case Monday. It is unclear whether the court will hear oral arguments or when it might issue a decision.
The appeal may not have many practical ramifications for the short term. Lawyers for the Legislature say the bill on research of hemp production, for example, would not immediately allow growing the crop.
Instead, it calls for creating regulations, meaning no one would be planting hemp while the case wends through the court.