Weary of court drama, gerrymandering opponents shift their strategy

Discouraged by seemingly endless court battles, gerrymandering opponents in some states are shifting their strategy two years before the 2020 census sparks another round of redistricting for legislative seats. Voters in Colorado, Michigan, Missouri and Utah will decide in November whether to have independent commissioners, rather than state lawmakers, draw congressional maps and the lines for state legislative seats. Except for Colorado, where lawmakers added the ballot measure, activists got these initiatives on the ballot by gathering signatures. And earlier this year, Ohio voters overwhelmingly approved a measure that requires bipartisan support for new lines, though the power to draw them returns to the majority party if several redistricting attempts fail. The new system goes into effect in 2021.

NM state law, the U.S. Supreme Court and abortion access

Reproductive healthcare and abortion access may be profoundly personal decisions, but changes to public policy in New Mexico could generate repercussions that extend far beyond the most private experiences of women across the state. According to recent analysis by the Guttmacher Institute, nearly one-in-four women in the United States have had or will have an abortion by age 45. And since Associate Supreme Court Justice Anthony Kennedy announced in June that he would retire July 31, attention to a 50-year-old New Mexico law has intensified. Dormant since Roe v. Wade legalized abortion in 1973, the statute would go back into effect if Roe is overturned, meaning anyone who performs an abortion in New Mexico could be charged with a 4th-degree felony. Read this story’s companion piece, “Midterms could be key, with New Mexico’s abortion rights protections at a crossroads,” here. 

The social stigma attached to abortion means that many people don’t talk about it openly, said Planned Parenthood of New Mexico CEO Vicki Cowart in a recent interview, but there are millions of women for whom it has played a part in their personal and family histories.

With likely SCOTUS shift, New Mexicans prepare for post-Roe landscape

Supreme Court Justice Anthony Kennedy has served as a swing vote in the U.S. Supreme Court on some issues including the decision not to overturn Roe v. Wade, but a new, more conservative replacement could change that. If the ruling is overturned, each state would decide on the legality of abortion. New Mexico is one of ten states where a pre-Roe law means abortion would be illegal if the landmark case were overturned. Overturning Roe v. Wade has been a conservative goal for decades and Students for Life President Kristan Hawkins told NPR this week that Kennedy’s retirement pushed them on the brink of success. “In New Mexico, we have an old statute on the books from pre Roe v. Wade,” explained State Rep. Joanne Ferrary, D-Las Cruces.

Texas-New Mexico water fight could be impacted by SCOTUS ruling

A U.S. Supreme Court decision on Wednesday in a water fight between Florida and Georgia could have implications for a similar legal battle between Texas and New Mexico over the Rio Grande water supply, legal experts said. Five years ago, Texas sued New Mexico, asserting that New Mexico is in violation of the Rio Grande Compact, an interstate agreement that has governed water allocations between the two states and Colorado for 80 years. New Mexican farmers pumping the river’s groundwater cause river levels in Texas to drop, depriving Texans of the water they’re obligated to, the state argued. Over 1,000 miles away along the Florida-Georgia border, the Sunshine State is accusing its neighbor of taking more than its fair share of water from the Apalachiola-Chattahoochee-Flint River Basin. In Wednesday’s decision, the high court remanded the case to the court-appointed special master responsible for issuing recommendations to the court.

U.S. Supreme Court strikes blow against public sector unions

The U.S. Supreme Court ruled Wednesday that public sector labor unions can no longer mandate fees from the workers they represent. The Supreme Court ruled 5-4 in favor of Mark Janus, an Illinois man who argued he should not be required to pay fees for contract negotiations between the union and his employer. In New Mexico, the debate over mandatory union fees goes back decades, but has seen a resurgence in the past few years when Republicans began trying to pass right-to-work laws, or laws banning union fees as a term of employment. More recently, Americans for Prosperity New Mexico (AFP-NM) began lobbying counties to pass right-to-work laws in the private sector. With this ruling, public sector labor unions must immediately stop collecting fees beyond dues which are paid by members who voluntarily join.

NM could see tax on internet sales after Supreme Court decision

A U.S. Supreme Court decision may open the door to the taxation of more internet sales in New Mexico. In a 5-4 decision Thursday, the U.S. Supreme Court said states could tax sales on internet purchases from companies that do not have a physical presence in a state. The decision overturned a 1992 decision on catalogue-order companies that was later interpreted to include internet sales. The New Mexico Legislature passed a bill that would apply the state’s gross receipts tax to internet sales in 2017 as part of a suite of tax changes. That would bring in, by a conservative estimate, $20 million annually for the state.

Biggest donors get around contribution limits

When candidates file their campaign finance reports Monday, there will be all types of ways to analyze the data. One will be to look for the biggest donors. But identifying them can be tricky. Even though New Mexico passed campaign contribution limits in 2009 after several high-profile elected officials went to jail for corruption, people still have the potential to contribute more than the limits by giving through companies they own, or combining with family members to give. This year New Mexico’s campaign contribution limit for statewide office is $5,500 in both the primary and general election cycles.

Change up: SCOTUS changes special master on Rio Grande water battle

There will be a new special master in the legal battle between Texas and New Mexico over the waters of the Rio Grande. The U.S. Supreme Court discharged Special Master Gregory Grimsal, a New Orleans-based attorney, in an order this week, replacing him on the case with Judge Michael Melloy of Cedar Rapids, Iowa. In 2013, Texas sued the upstream states of New Mexico and Colorado, alleging that by allowing farmers in southern New Mexico to pump from groundwater wells near the Rio Grande, the state has failed to send its legal share of water downstream. In a unanimous opinion last month, the U.S. Supreme Court also allowed the United States to intervene in the case and pursue its claims that New Mexico has harmed its ability to deliver water under the Rio Grande Compact and under its international treaty with Mexico. Were New Mexico to lose against Texas and the federal government, the state could be forced to curtail groundwater pumping and pay damages of a billion dollars or more.

U.S. Supreme Court issues opinion on Texas v. New Mexico & Colorado

This morning, the U.S. Supreme Court issued an opinion on Texas v. New Mexico and Colorado. The high court will allow the United States to intervene on the water case on the Rio Grande and pursue claims under the Rio Grande Compact. In 2013, Texas sued the upstream states of New Mexico and Colorado, alleging that by allowing farmers in southern New Mexico to pump from groundwater wells near the Rio Grande, New Mexico has failed to send its legal share of water downstream. During oral arguments before the court earlier this year, the U.S. government argued that New Mexico was also harming its ability to deliver water under the compact, as well as under its international treaty with Mexico. And now, the high court agrees the U.S. can pursue this claim in the case.

In Deep Water: U.S. Supreme Court to decide how states share the drying Rio Grande, and New Mexico could lose big

As severe drought returns to New Mexico, farmers and skiers alike fret over the state’s lack of snow. Meanwhile, on a cold, cloudy Monday morning in Washington, D.C., attorneys for New Mexico, Texas, Colorado and the United States government grappled over the muddy waters of the Rio Grande. In its U.S. Supreme Court case against New Mexico and Colorado, the State of Texas says that by letting farmers in southern New Mexico pump from wells near the Rio Grande, our state has failed to send its legal share of water downstream. The water fight has some New Mexicans gnawing their nails—and not just southern farmers whose water rights could be cut if Texas prevails. See all of NM Political Report’s stories on Texas v. New Mexico to date. Monday’s oral arguments before the court, over whether the feds can intervene under the Rio Grande Compact, drew a large crowd from the Land of Enchantment.