The New Mexico Supreme Court will hear oral arguments in a case over who has the authority to distribute federal pandemic aid funds in November.
The case, which will have oral arguments on Nov. 17, is brought by legislators who say the governor’s veto of language that directed the use of federal COVID-19 pandemic aid is illegal and that the Legislature should have the authority to direct where the money goes.
Sen. Jacob Candelaria, a Democrat from Albuquerque, and Senate Minority Leader Greg Baca, a Republican from Belen, filed the petition in September.
At the time, the two said the governor’s action was unconstitutional.
The Lujan Grisham administration said that previous state supreme court precedent allowed the governor to direct federal funds.
“The Supreme Court of New Mexico has concluded that federal contributions are not a proper subject of the Legislature’s appropriative power, and the Legislature’s attempt to control the use of such funds infringes ‘the executive function of administration,’” Lujan Grisham wrote in her veto message regarding the funds.
When asked about the dispute when State Treasurer Tim Eichenberg, a Democrat, said he believed the money should be handled by the Legislature, a spokeswoman for the governor said she believed the Legislature had the authority to dispense state, not federal funds.
“We have no further comment on pending litigation, and the Lujan Grisham administration looks forward to continuing to provide ongoing support for economic rejuvenation throughout the state,” Nora Meyers Sackett said in a statement at the time.
The state’s high court also asked for additional replies from the legislators and state treasurer.