State Supreme Court rejects challenge to line-item vetoes of tax bill

The New Mexico Supreme Court denied a petition for writ of mandamus against Gov. Michelle Lujan Grisham about her line-item vetoes of the 2023 tax omnibus. The writ, filed by Rep. Miguel Garcia, D-Albuquerque, in September, alleged that Lujan Grisham did not have the constitutional right to line-item veto any of the tax omnibus bill. […]

State Supreme Court rejects challenge to line-item vetoes of tax bill

The New Mexico Supreme Court denied a petition for writ of mandamus against Gov. Michelle Lujan Grisham about her line-item vetoes of the 2023 tax omnibus.

The writ, filed by Rep. Miguel Garcia, D-Albuquerque, in September, alleged that Lujan Grisham did not have the constitutional right to line-item veto any of the tax omnibus bill. The governor in New Mexico has the power to line-item veto bills, but only those with appropriations.

The case is closed due to the denial of the petition.

“My client respects the Court’s judgment. The single paragraph Order the Supreme Court issued today, however, does not explain the Court’s rationale for denying our client’s request to overturn Governor Lujan Grisham’s line-item vetoes to the Legislature’s 2023 omnibus tax bill,” Garcia’s attorney Jacob Candelaria told the NM Political Report via email Thursday. “Given the important unanswered constitutional questions that remain in light of today’s order, I fully expect there will be more litigation on this issue in the future as the executive continues to push the bounds of its authority over the Legislative process and the power of the purse.”

Candelaria is a former state senator.

A writ of mandamus is a court order to a government official “compelling performance of a ministerial act that the law recognizes as an absolute duty… it is used only when all other judicial remedies have failed,” according to Barron’s Law Dictionary.

The 2024 tax omnibus, HB 252,  was recently approved by the House and is now awaiting a hearing in the Senate Tax, Business and Transportation Committee.

State Rep. Derrick Lente, D-Sandia Pueblo, sponsored the 2024 bill and said they crafted this version to avoid any potential line-item vetoes.

The NM Political Report reached out to the governor’s office for comment but did not hear back.

We're ad free

That means that we rely on support from readers like you. Help us keep reporting on the most important New Mexico Stories by donating today.

Related

Supporters of Paid Family and Medical Leave say it will return

Supporters of Paid Family and Medical Leave say it will return

House Speaker Javier Martinez said that the Paid Family and Medical Leave will return to next year’s legislative session. SB 3, sponsored by state…
State’s sexual assault services receive state funding but still a gap in federal dollars 

State’s sexual assault services receive state funding but still a gap in federal dollars 

New Mexico sexual assault services will come up short in Fiscal Year 2025. New Mexico Coalition of Sexual Assault Programs advocated for $4 million…
Advocates for family and children say budget provides benefits for children

Advocates for family and children say budget provides benefits for children

The legislature passed a budget of $10.2 billion this year. The budget now awaits the governor’s signature.  Some highlights from the budget that will…
Legislation focused on reforms of oil and gas extraction fails to pass

Legislation focused on reforms of oil and gas extraction fails to pass

This legislative session brought few changes to the oil and gas industry that provides a substantial part of the state’s budget. Going into the…
Senate approves bill to allow wastewater project funding through the Water Trust Board

Senate approves bill to allow wastewater project funding through the Water Trust Board

The Senate passed legislation that changes which projects can receive funding through the Water Trust Board on a 34-5 vote on Wednesday. HB 211…
Geothermal bill makes it to governor’s desk for second consecutive year

Geothermal bill makes it to governor’s desk for second consecutive year

The Senate unanimously passed legislation intended to spur development of geothermal energy on Wednesday. HB 91 now heads to the governor’s desk.  The legislation…
Amid new graduation requirements, what do high schoolers want to learn?

Amid new graduation requirements, what do high schoolers want to learn?

By Margaret O’Hara, The Santa Fe New Mexican The main things that bring Brayan Chavez to school every day: Seeing, talking to and engaging with…
Special ed teachers hope lawmakers OK pay raises, admin changes

Special ed teachers hope lawmakers OK pay raises, admin changes

By Margaret O’Hara, The Santa Fe New Mexican Brittany Behenna Griffith has a laundry list of adjectives to describe the ideal special education teacher:…
Lawmakers must find consensus on competing education spending plans

Lawmakers must find consensus on competing education spending plans

By Margaret O’Hara, The Santa Fe New Mexican A challenging task awaits New Mexico lawmakers in the next 30 days: Reconciling three very different…
Proposal to curb executive powers moves to House Judiciary

Proposal to curb executive powers moves to House Judiciary

The House Government, Elections and Indian Affairs Committee discussed a potential constitutional amendment that seeks to limit the governor’s executive powers. The committee approved…
Supreme Court censures attorney over conduct in anti-COVID policy suits

Supreme Court censures attorney over conduct in anti-COVID policy suits

The New Mexico State Supreme Court censured a New Mexico attorney because of her “misconduct” in two unsuccessful cases pushing back on COVID-19 regulations…
Guv outlines some health priorities on state spending

Guv outlines some health priorities on state spending

During her state of the state address on Tuesday, Gov. Michelle Lujan Grisham told legislators that one of her legislative priorities is a request…
Referendum on Edgewood’s anti-abortion ordinance moves forward

Referendum on Edgewood’s anti-abortion ordinance moves forward

The town of Edgewood is moving forward with its ballot referendum on its anti-abortion ordinance at a cost of more than $35,000. The town…
2023 Top Stories #1: Anti-abortion efforts go local

2023 Top Stories #1: Anti-abortion efforts go local

Note: Every year, we count down the top ten stories of the year, as voted on by NM Political Report staffers. Earlier this month, the New Mexico Supreme Court heard oral…
NM Supreme Court to decide if local anti-abortion ordinances are legal

NM Supreme Court to decide if local anti-abortion ordinances are legal

The New Mexico Supreme Court will decide whether anti-abortion ordinances passed by local governments in eastern New Mexico over the last 13 months can…
Supporters of Paid Family and Medical Leave say it will return

Supporters of Paid Family and Medical Leave say it will return

House Speaker Javier Martinez said that the Paid Family and Medical Leave will return to next year’s legislative session. SB 3, sponsored by state…
Paid Family Medical Leave bill dies in the final days of the session for a second year in a row

Paid Family Medical Leave bill dies in the final days of the session for a second year in a row

A bill that would have provided paid leave for several weeks died on the House floor when 11 Democrats sided with Republicans to vote…
Paid Family and Medical Leave bill passes Senate

Paid Family and Medical Leave bill passes Senate

A bill that seeks to provide several weeks of paid family and medical leave for workers in the state passed the state senate by…

Bill to require disclosure of use of AI in campaign materials goes to governor

The Senate approved a bill aiming to require the disclosure of the use of artificial intelligence or other changes made by computers to campaign…
House amends, passes bill banning firearms near polling places

House amends, passes bill banning firearms near polling places

The House narrowly approved a bill that would ban firearms near polling places. The House voted 35-34 to pass the bill following an extensive…
Manny Gonzales doesn’t qualify for Senate GOP primary ballot

Manny Gonzales doesn’t qualify for Senate GOP primary ballot

Nella Domenici is the lone Republican candidate for U.S. Senate, after Manny Gonzales III failed to qualify for the ballot. Gonzales did not file…
Supporters of Paid Family and Medical Leave say it will return

Supporters of Paid Family and Medical Leave say it will return

House Speaker Javier Martinez said that the Paid Family and Medical Leave will return to next year’s legislative session. SB 3, sponsored by state…
Advocates for family and children say budget provides benefits for children

Advocates for family and children say budget provides benefits for children

The legislature passed a budget of $10.2 billion this year. The budget now awaits the governor’s signature.  Some highlights from the budget that will…
Supporters say affirmative consent bill would make college campuses safer

Supporters say affirmative consent bill would make college campuses safer

The bill to mandate affirmative consent policies and procedures in institutions of higher education awaits the governor’s signature. If signed, advocates hope it will…

GET INVOLVED

© 2023 New Mexico Political Report