Legislative Council v. Martinez
 | |
| Legislative Council v. Martinez | |
| Important Dates | |
| Filed: April 21, 2017 Decided: May 11, 2017 | |
| Outcome | |
| Petition for a writ of mandamus denied | |
| Vote | |
| 5-0 | |
| Majority | |
| Chief Justice Charles Daniels • Edward Chavez • Petra Jimenez Maes • Barbara J. Vigil • Judith Nakamura | |
Legislative Council v. Martinez was filed on April 21, 2017, with the New Mexico Supreme Court. The petitioners, members of the New Mexico State Legislature acting in their capacity as members of the state Legislative Council, filed the case following Gov. Susana Martinez's (R) line-item vetoes of the 2017 state budget. In their petition, the Council sought a writ of mandamus that would direct the secretary of the state's finance department to administer the funding appropriated by the legislature. The Legislative Council argued that Martinez's vetoes of legislative funding "effectively abolish[ed] the Legislative Branch of government and all constitutionally-created and statutorily-authorized public institutions of higher education."[1] A spokesman for the governor expressed Martinez's belief that the state Constitution gave her the right to veto such spending and would continue to do so unless the legislature agreed to eliminating proposed tax hikes.[2] Oral arguments were scheduled for May 15, 2017, but on May 11, 2017, the court issued an order denying the Legislative Council's petition for mandamus, effectively ending the lawsuit. The court unanimously dismissed the petition, holding that the case was "not ripe for review." You can view the full order here.
| Question presented: Does the governor's use of the line-item veto to defund the legislature and higher education violate the New Mexico Constitution? |
Background
Heading into the 2016 elections, the New Mexico State Legislature was divided, with Democrats controlling the state Senate and Republicans holding a majority in the state House. As a result of the election, Democrats in the state Senate saw their majority increase from 24-18 to 26-16. Democrats were also able to claim a majority in the state House, flipping a 37-33 Republican majority into a 38-32 Democratic one. When new legislators were sworn in on January 17, 2017, Democrats officially regained control of the full legislature.
On March 18, New Mexico Gov. Susana Martinez (R) publicly rejected a budget plan from the New Mexico State Legislature, arguing that the legislators had raised taxes on residents "in order to bail out big government."[3] On April 7, Martinez used line item vetoes to strike the following provisions:[4]
- $350 million in tax and fee increases from the budget
- $745 million in funding for higher education institutions in the state
- All funding to the state legislature
The lawsuit was filed by the New Mexico Legislative Council, a group of sixteen elected officials from both parties and both chambers of the legislature. They are responsible for meeting between regular sessions to address state issues. Because filing occurred after the regular legislative session for the year ended, the council was the named party.
Petitioners' challenge
The petitioners in the case advanced the argument that by vetoing the funding of the state legislature, the governor violated the state constitution's principles of separation of powers and system of checks and balances.[1] According to the National Conference of State Legislatures, separation of powers refers to "the division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another."[5]
Additionally, the petitioners argued that the line item vetoes violated Article IV of the New Mexico Constitution, "which obligates the Legislature to fund the expenses of the Legislative, Executive, and Judicial Branches." They also claimed that the constitution prohibited "the wholesale defunding, through a purported line-item veto, of our constitutionally-enabled and statutorily-authorized institutions of higher education."[1]
Petitioners sought a court order to invalidate the governor's line-item vetoes and a mandamus directing the secretary of the state's finance department to administer the funding appropriated by the legislature in the General Appropriations Act of 2017.
The New Mexico Council of University Presidents was invited by the court to file an amicus brief. You can view that filing here.
Respondents' claims
The respondents in the case argued that Martinez followed the proper procedure for announcing a line item veto and did so within the required legal time frame. If the court chose to override these vetoes, the respondents alleged, the court would be violating the principles of separation of powers by "exercising legislative powers when not expressly directed or permitted to do so."[6]
Additionally, the respondents argued that Martinez never expressed a desire to abolish the legislature nor the state's higher education, as the petitioners claimed. The respondents submitted evidence that Martinez had called a special session in order to allow the legislature an opportunity both to discuss changes to the state's budget and to hold confirmation hearings for Martinez's appointees to state educational posts. In ordering the special session, the respondents argued that the court need not hear the case. The respondents further petitioned the court to dismiss the case on the grounds that it did not meet the legal prerequisites necessary in order for the court to issue a writ of mandamus.[6]
Thirty Republican members of the New Mexico State Legislature filed an amicus brief in support of Martinez. You can view that filing here.
Reply brief
The petitioners in the case filed a reply brief on May 10, 2017. In their reply, the respondents argued that in no other state had an executive "used a line-item veto to zero-out a co-equal branch of government or to eliminate every state institution of higher education." The Council argued that Martinez had alternative mechanisms under the state constitution. As the Council's reply stated, "There was absolutely no necessity to veto the operating budget for an entire branch of government or for the entire state university system. ... Moreover, if the Governor believed that the General Appropriation Act was so flawed that she could not correct the problems she saw with a properly employed line-item veto, then she had the alternative, consistent with Art. IV, § 22 of the Constitution, to veto the whole appropriation bill, an act that is far less draconian than eliminating all funding for a branch of government."[7]
Holding
In a unanimous two-page order issued on May 11, 2017, the New Mexico Supreme Court denied the petitioners' request to overturn Governor Martinez's vetoes as well as the Council's request for a mandamus to restore the vetoed funding. The court held that the case was not ripe for review.
Responses to the court's order
Petitioners' response
The Council responded to the court's order in a statement issued by the Speaker of the state House, Brian_Egolf,_Jr., and the Senate president pro tempore of the state Senate, Mary Kay Papen. They said,[8]
| “ |
We respectfully disagree with the Court’s decision not to act on the Governor’s unconstitutional elimination of funding for student financial aid, every college and university, Carrie Tingley Children’s Hospital and the entire legislative branch of government. Despite the lack of a Court decision, the fact remains that the Governor’s vetoes were irresponsible and have created unprecedented instability in our economy and in our households. The legislative leadership, as always, remains committed to finding a solution to the crisis the Governor created. We will continue to propose solutions that focus on supporting our working families and our students.[9] |
” |
Respondents' response
Through a spokesperson, Gov. Martinez issued the following statement:[8]
| “ |
The Governor appreciates today's ruling by the New Mexico Supreme Court. As she contended, governors have the authority to veto budgets and budget items and the proper way to resolve budget disputes is for the executive and legislature to work together on a compromise that can both pass the legislature and be signed by the governor. This comes down to out-of-touch Santa Fe trial lawyers in legislative leadership who are suing the governor because they want to raise gas taxes, and she is the only one standing in their way. Having been rebuffed by the Court, the Governor hopes Democratic legislators will now come to the table and actually negotiate in good-faith.[9] |
” |
Court makeup
The following justices served on the court at the time of the case:
Chief Justice Charles Daniels- Justice Edward Chavez
- Justice Petra Jimenez Maes
- Justice Barbara J. Vigil
Justice Judith Nakamura
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 New Mexico Supreme Court, New Mexico Legislative Council v. Martinez petition, filed April 21, 2017
- ↑ U.S. News & World Report, "New Mexico Supreme Court Agrees to Hear State Budget Dispute," April 24, 2017
- ↑ U.S. News & World Report, "New Mexico Governor Rejects Budget, Will Recall Lawmakers," March 18, 2017
- ↑ U.S. News & World Report, "New Mexico Governor Draws Line Against Tax-And-Spend Bills," April 7, 2017
- ↑ National Conference of State Legislatures, "Separation of Powers -- An Overview," accessed April 28, 2017
- ↑ 6.0 6.1 New Mexico Supreme Court, New Mexico Legislative Council v. Martinez response, filed May 5, 2017
- ↑ New Mexico Supreme Court, New Mexico Legislative Council v. Martinez reply brief, filed May 10, 2017
- ↑ 8.0 8.1 KOB4 TV, "NM Supreme Court denies legislature petition against Gov. Martinez," May 11, 2017
- ↑ 9.0 9.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
Federal courts:
Tenth Circuit Court of Appeals • U.S. District Court: District of New Mexico • U.S. Bankruptcy Court: District of New Mexico
State courts:
New Mexico Supreme Court • New Mexico Court of Appeals • New Mexico District Courts • New Mexico Magistrate Court • New Mexico Municipal Courts • New Mexico Probate Courts • New Mexico Problem-Solving Courts • New Mexico Workers' Compensation Administration Court • Bernalillo County Metropolitan Court
State resources:
Courts in New Mexico • New Mexico judicial elections • Judicial selection in New Mexico
