CASE SUMMARY
On January 21, 2022, the Republican Party of New Mexico, Republican voters, and current New Mexico state legislators filed a lawsuit against New Mexico's Governor, Lt. Governor, Secretary of State, and state legislative leaders challenging the state's enacted congressional redistricting plan as an unconstitutional partisan gerrymander. Specifically, plaintiffs allege the enacted plan was designed to disproportionately favor the Democratic Party and to disfavor the Republican Party and that to secure this partisan advantage, the enacted plan purposefully deviates from New Mexico's traditional redistricting principles, including the preservation of communities of interest, political and geographic boundaries, and the cores of prior districts. They assert that this differential treatment and dilution of voting strength based on voters' political affiliations violates the New Mexico Constitution's Equal Protection Clause (art. II, Section 18). They are seeking a declaratory judgment that the enacted plan is unconstitutional and a court order adopting a partisan-neutral congressional map consistent with the New Mexico Constitution.
On October 6, 2023, the district court found that New Mexico Democrats had gerrymandered the congressional map to benefit Democrats, but that the gerrymandering was not egregious because the 2022 election results were close.
The Supreme Court of New Mexico affirmed the District Court on November 27, 2023.
CASE LIBRARY
State of New Mexico, Lea County, Fifth Judicial District Court - No. D-506-CV-2022-41
- Complaint - 1/21/22
- Plaintiffs' Motion for Preliminary Injunction - 2/3/22
- Legislative Defendants' Motion to Dismiss - 2/18/22
- Secretary of State's Response in Opposition to Plaintiffs' Motion for Preliminary Injunction - 2/18/22
- Executive Defendants' Response to Plaintiffs' Motion for Preliminary Injunction - 2/18/22
- Executive Defendants' Motion to Dismiss - 2/18/22
- Legislative Defendants' Response to Motion for Preliminary Injunction - 2/22/22
- Plaintiffs' Combined Reply in Support of Their Motion for Preliminary Injunction - 3/10/22
- Plaintiffs' Combined Response to Defendants' Motion to Dismiss - 3/10/22
- Order Denying Motion to Intervene - 4/11/22
- Consolidated Reply in Support of Motion to Intervene by the Board of County Commissioners of Lea County - 4/11/22
- Notice of Completion of Briefing - 4/12/22
- Defendants' Joint Proposed Findings of Fact and Conclusions of Law - 4/19/22
- Plaintiffs' [Proposed] Findings of Fact and Conclusions of Law Granting Plaintiffs' Motion for Preliminary Injunction - 4/19/22
- Opinion on Denial of Defendants' Motion to Dismiss - 4/19/22
- Opinion on Denial of Plaintiffs' Motion for Preliminary Injunction - 4/19/22
- Order Denying Legislative Defendants' and Executive Defendants' Motions to Dismiss - 7/11/22
- Findings of Fact and Conclusions of Law - 7/11/22
- Order Denying Motion to Intervene (Lea County) - 7/11/22
- Order on Putative Intervenor's Objection to Order - 7/11/22
- Petition for Writ of Error - 7/22/22
- Verified Petition for Writ of Superintending Control and Request for Stay - 7/22/22
- Legislative Defendants' Answer and Affirmative Defenses to Plaintiffs' Complaint - 7/25/22
- Executive Defendants' Answer and Affirmative Defenses to Plaintiffs' Complaint - 7/25/22
- Order Staying Case for 30 Days - 8/18/22
- Unopposed Motion for Stay of Proceedings Pending the New Mexico Supreme Court's Consideration of Defendants' Petition for Writ of Superintending Control - 8/19/22
- Order Granting Unopposed Motion to Stay Case Pending the New Mexico Supreme Court's Consideration of Verified Petition for Writ of Superintending Control - 8/25/22
Supreme Court of the State of New Mexico - No. 22-8500-DS
- Order - 3/30/22
Supreme Court of the State of New Mexico - No. S-1-SC-39481
- Order - 10/14/22
- Writ of Superintending Control - 7/5/23
- Order - 7/5/23
- Amended Order - 8/25/23
- Opinion - 9/22/23
State of New Mexico, Lea County, Fifth Judicial District Court - No. D-506-CV-2022-41 [Remand]
- Democratic Party of New Mexico's Expedited Motion to Intervene as Defendant - 7/17/23
- Scheduling Order - 7/24/23
- Motion to Dismiss Executive Defendants - 7/28/23
- Plaintiffs' Response in Opposition to Motion to Intervene of Democratic Party of New Mexico - 8/1/23
- Plaintiffs' Witness List - 8/1/23
- Emergency Motion of the Plaintiffs to Compel Depositions and/or Appoint a Special Master - 8/3/23
- Notice of Bench Trial - 8/4/23
- Plaintiffs' Response in Opposition to Executive Defendants' Motion to Dismiss - 8/4/23
- Reply in Support of Motion to Dismiss Executive Defendants - 8/7/23
- Democratic Party of New Mexico's Reply in Support of Expedited Motion to Intervene as Defendant - 8/7/23
- Motion to Quash Subpoenas to 74 Non-Party Legislators and for Protective Order - 8/8/23
- Legislative Defendants' Witness List - 8/10/23
- Motion to Dismiss Plaintiffs Jennings, Vargas and Garcia for Lack of Standing - 8/10/23
- Democratic Party of New Mexico's [Proposed] Witness List - 8/10/23
- Motion for Protective Order - 8/11/23
- Expert Report of Sean P. Trende - 8/11/23
- Motion for Leave to File Amici Curiae Brief in Support of Neither Party - 8/14/23
- Legislative Defendants' Motion to Quash Subpoenas Served on Legislative Staff and Consultants - 8/14/23
- Plaintiffs' Motion to Compel Discovery - 8/14/23
- Legislative Defendants' Motion to Quash Subpoenas for Deposition and for Protective Order - 8/16/23
- Non-Party Scott C. Forrester's Motion to Quash Subpoena Duces Tecum - 8/16/23
- Plaintiffs' Opposition to Legislative Defendants' Motion to Dismiss Plaintiffs [...] for Lack of Standing - 8/16/23
- Plaintiffs' Motion to Strike Proposed Intervenor the Democratic Party of New Mexico's Proposed Witness List - 8/17/23
- Plaintiffs' Combined Opposition to [Motions to Quash Various Subpoenas] - 8/17/23
- Expert Report of Kimball Brace - 8/25/23
- Expert Report of Jowei Chen - 8/25/23
- Expert Report of Brian Sanderoff - 8/25/23
- Democratic Party of New Mexico's Amended [Proposed] Expert Disclosure - 8/28/23
- Plaintiffs' Annotated Findings of Fact and Conclusions of Law - 9/15/23
- Legislative Defendants' Proposed and Annotated Findings of Fact and Conclusions of Law - 9/15/23
- Order Denying Motion to Intervene by the Democratic Party of New Mexico - 9/18/23
- Legislative Defendants' Opposed Motion to Exclude the Unreliable Simulation-Based Expert Testimony of Sean P. Trende - 9/20/23
- Legislative Defendants' Rebuttal and Supplemental Findings of Fact and Conclusions of Law - 9/20/23
- Plaintiffs' Response Brief to Legislative Defendants' Annotated Findings of Fact and Conclusions of Law - 9/20/23
- Plaintiffs' Opposed Motion to Exclude Expert Report and Expert Testimony of Dr. Jowei Chen - 9/22/23
- Notice of Appeal - 9/22/23
- Legislative Defendants' Response to Plaintiffs' Opposed Motion to Exclude Expert Report and Expert Testimony of Dr. Jowei Chen - 9/25/23
- Plaintiffs' Reply in Support of Their Opposed Motion to Exclude Expert Report and Expert Testimony of Dr. Jowei Chen - 9/25/23
- Decision Letter - 9/26/23
- Transcript - 9/27/23
- Transcript - 9/28/23
- Legislative Defendants' Amended and Restated Findings of Fact and Conclusions of Law - 10/3/23
- Legislative Defendants' Amended Rebuttal and Supplemental Findings of Fact and Conclusions of Law - 10/3/23
- Plaintiffs' Post-Trial Amended Proposed Findings of Fact and Conclusions of Law - 10/3/23
- Findings of Fact and Conclusions of Law - 10/6/23
Supreme Court of the State of New Mexico - No. S-1-SC-40121
- Emergency Verified Petition for Writ of Superintending Control and Request for Stay - 9/26/23
- Plaintiffs' Response to Executive Defendants' Emergency Verified Petition for Writ of Superintending Control - 9/27/23
- Writ of Superintending Control - 9/27/23
Supreme Court of the State of New Mexico - No. S-1-SC-40122
- Emergency Verified Petition for Writ of Superintending Control and Request for Stay - 9/26/23
- Plaintiffs' Response to Legislative Defendants' Emergency Verified Petition for Writ of Superintending Control - 9/27/23
- Order - 9/27/23
Supreme Court of the State of New Mexico - No. S-1-SC-40146
- Plaintiffs-Appellants' Brief-in-Chief - 10/28/23
- Appendix to Plaintiffs-Appellants' Brief-in-Chief - 10/28/23
- Defendants-Appellees' Answer Brief - 11/10/23
- Plaintiffs-Petitioners' Reply Brief - 11/17/23
- Brief of (Proposed) Amicus Curiae the Democratic Party of New Mexico - 11/17/23
- Dispositional Order of Affirmance - 11/27/23