ALBUQUERQUE, MARCH 6—Today, the New Mexico Supreme Court issued a 3-2 split decision in Amdor v. Grisham, upholding most of Governor Michelle Lujan Grisham's sweeping public health emergency orders from 2023 while striking down the suspension of the Juvenile Detention Alternatives Initiative (JDAI).

The Republican Party of New Mexico (RPNM), alongside Republican legislators and gun rights advocates, filed this lawsuit in September 2023 to challenge the Governor's unconstitutional overreach, including her attempt to ban the legal carrying of firearms in public spaces under the guise of a "public health emergency." While the orders have expired, this ruling sets a dangerous precedent, particularly as it comes just as the state legislature is debating new gun rights legislation.

The Court's majority rubber-stamped the Governor's expansive interpretation of the Public Health Emergency Response Act (PHERA), granting her near-unlimited power to declare emergencies and impose restrictions on New Mexicans' freedoms.

But even in this defeat, there's a silver lining: two justices, Michael E. Vigil and Briana H. Zamora, sounded the alarm, warning that this decision opens the door to unchecked executive power. Justice Vigil wrote, "The majority's conclusion… leaves it totally in the discretion of any governor to assume sweeping emergency powers for any reason the governor chooses." Justice Zamora added, "I am guided by my apprehension that the unconstrained exercise of emergency executive powers the majority has approved in this instance could readily be misused."

"These courageous dissents confirm what Republicans have been saying all along: Democrats are setting the stage to go even further to threaten every New Mexican's constitutional freedoms," said Republican Party of New Mexico Chairwoman Amy Barela.

"This is why Republicans fought back. We sued to defend your Second Amendment rights, your right to due process, and your right to a government that respects the rule of law—not one that exploits vague statutes to control your life.

"The dissenting justices' warnings prove our point: without a check on this power, what's next? Will a future Democratic governor declare an 'emergency' over climate change to seize property? Ban free speech to combat 'misinformation'? The majority's ruling says they can—and Democrats will. Governor Lujan Grisham's actions are just the beginning.

"That's why we must elect a Republican governor in 2026 and a Republican legislature to take back our state. Democrats have shown their hand. They'll keep expanding executive power, eroding your liberties, ignoring the Constitution, and they'll go even further than Lujan Grisham if we let them. Republicans are your shield against this tyranny. We're fighting for your God-given rights, your family, and your future."

To read the dissenting arguments from the New Mexico Supreme Court decision, click HERE.
(Dissents start on page 84)