Ironic Twist New Mexico Supreme Court Ruling Follows Guidance of Liberal US Supreme Court Members

State's highest court holds that Republican claims can proceed under legal standard proposed by U.S. Supreme Court's liberal justices and all sides are considering that ruling a win for Democracy in New Mexico and a potential precedent for other states. 

In an interesting twist to the ruling all sides are calling the ruling a win for Democracy. From the League of Women’s Voters, the the Republican Party of New Mexico to the Democratic Party of New Mexico. Each entity released statements approving of the Wednesday State Supreme Court Ruling… 

Wednesday's New Mexico Supreme Court ruling provides needed guidance on how a lower court should consider a case alleging unconstitutional partisan gerrymandering, Instead of declining to have New Mexico courts review redistricting maps for partisan gerrymandering, the court offered guidance to the state's Fifth District Court on how to gauge if New Mexico's newest congressional district map is fair. In a cross-partisan twist, the court deployed a standard authored by

one of the U.S. Supreme Court's more liberal justices to advise Clovis District Judge Fred Van Soelen how to assessment the Republican claim of unfairness. "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 casesalleging partisan gerrymandering."

In its ruling, the New Mexico Supreme Court said that claims of partisan gerrymandering under the state constitution are reviewable by the state courts. This differs from the current U.S. Supreme Court

doctrine that held that federal courts cannot decide constitutional challenges to partisan gerrymanders The New Mexico Supreme Court order sienals the importance of courts being fair and impartial, by upholding the state constitution and laws unconstrained by political pressure, uninfluenced by the status of the parties-essentially deciding the case on its merits without fear or favor," said former New Mexico Supreme Court Chief Justice Edward Chavez, "This does not mean that the underlying case has merit, it means that the checks and balances of our democracy are  alive and well New Mexico " Heather Balas, Vice President of the Election Reformers Network, pointed out that the New Mexico Supreme Court's order positions the state to be an example nationally. "What makes this ruling so fascinating is that the state court adopted a standard offered by the liberal wing of the U.S. Supreme Court to advise a Clovis judge how to assess Republican claims of partisan gerrymandering. It is a case study in nonpartisanship," said Balas. "Further, 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.”

The newly adopted standard that the NM Supreme Court ordered the district court to adopt comes from Justice Kagen's dissent in Rucho v. Common Cause.
Burling said, “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.”

Ash Soular, a spokeswoman for Republican Party of New Mexico, said the party was encouraged by the Supreme Court ruling and looks forward to the case proceeding in District Court.

She called the new congressional map "one of the nation's most egregious cases of partisan gerrymandering."

Lujan Grisham spokeswoman Caroline Sweeney said the decision simply "provided guidance on what should happen next at the district court level.

"We believe the court will find that the maps at-issue meet appropriate legal scrutiny."

The plaintiffs in the case include the state GOP; state Sen. David Gallegos, R-Eunice; and Roswell Mayor Tim Jennings, a Democrat.

The case has the attention of both parties at the National level. Gabe Vasquez won the recent election by a very small majority in the NMCD2 race. The next race will be a rematch with Yvette Herrell, Republican, already declared as an opponent to Democratic contender Gabe Vasquez no mater how the district map ends up.

The race is already expected to be a high stakes, high dollar race. The upcoming race is further complicated by the litigation of the district map and also the pressure of the  disenfranchisement of the local Democratic Party Chapter in Otero County that has been reported in past stories on KALHRadio.org and AlamogordoTownNews.com

The local infighting and leadership challenges have resulted in several local Democratic members to pull back with several to resign from the local party as a protest of local leadership and flip to independent.

The state Democratic Party, several local Ward leaders and many locals are concerned with the ongoing DPOC issues.

The result is the State of New Mexico Democratic Party Executive Director,  is now attending all local Otero County Democratic party monthly business meetings. As a bridge to the state he is leading some disenfranchised Ward leaders directly in advise and process, outside of the norm, of normal Otero County Democratic protocols. 

With Mr. Vasquez’s win by just over a thousand votes, any Otero County defections, from the local Democratic Party,  or members not engaged and potentially staying at home, puts even more pressure and risk on Vasquez keeping the seat. 

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