CASE SUMMARY

On January 21, 2022, the Republican Party of New Mexico, several New Mexico voters, and a group of current state legislators filed a state lawsuit against New Mexico’s Governor, Lt. Governor, Secretary of State, and state legislative leaders challenging the state’s congressional redistricting plan as a pro-Democrat partisan gerrymander in violation of the New Mexico Constitution. Plaintiffs alleged the plan ignored statutory redistricting criteria, including the preservation of communities of interest, political and geographic boundaries, and the cores of prior districts, to dilute the voting strength of Republican voters based on their political affiliation in violation of the state constitution’s Equal Protection Clause. They sought a judicial declaration the plan was unconstitutional, an injunction barring its use in future elections, and a court order adopting a partisan-neutral plan in compliance with the New Mexico Constitution.

  • On July 11, 2022, the Lea County District Court denied the plaintiffs’ request for a preliminary injunction on the grounds the 2022 election was too close for judicial intervention but also denied the defendants’ motion to dismiss on the grounds partisan gerrymandering claims could be justiciable under the New Mexico Constitution’s Equal Protection Clause.
  • On July 22, 2022, the defendants petitioned the New Mexico Supreme Court to assume jurisdiction over the case and stay proceedings in the lower court in order to determine whether partisan gerrymandering claims were in fact justiciable under the state constitution. The New Mexico Supreme Court granted the petition on October 14, 2022, and assumed authority over the case.
  • On January 9, 2023, the New Mexico Supreme Court heard oral arguments.
  • On August 25, 2023, the Court issued an order clarifying that partisan gerrymandering claims were justiciable under the state constitution’s equal protection clause, adopting U.S. Supreme Court Justice Kagan’s three-part test for evaluating such claims as articulated in her dissent in Rucho v. Common Cause, and vacating the stay on further proceedings in the district court. The Court issued its full opinion explaining its decision on September 22, 2023.
  • The Lea County District Court held a bench trial from September 27 to September 28, 2023.
  • On October 6, 2023, the district court upheld the congressional plan as constitutional. While the court found the plan was partisan gerrymandered to favor Democrats and disfavor Republicans, it explained the level of gerrymandering was not “egregious” enough so as to be unconstitutional, citing the relatively close margin of victory in the 2022 election results under the plan.
  • On November 27, 2023, the New Mexico Supreme Court affirmed the district court’s decision.

CASE LIBRARY

State of New Mexico, Lea County, Fifth Judicial District Court - No. D-506-CV-2022-41

Supreme Court of the State of New Mexico - No. 22-8500-DS

Supreme Court of the State of New Mexico - No. S-1-SC-39481

State of New Mexico, Lea County, Fifth Judicial District Court - No. D-506-CV-2022-41 [Remand]

Supreme Court of the State of New Mexico - No. S-1-SC-40121

Supreme Court of the State of New Mexico - No. S-1-SC-40122

Supreme Court of the State of New Mexico - No. S-1-SC-40146