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Austin Fisher, Source New Mexico
New Mexico’s highest court upheld the state’s newest congressional map on Monday, setting the stage for what is expected to be a highly competitive race for the seat representing much of the southern part of the state.
Ninth Judicial District Judge Fred Van Soelen ruled in September the redrawn map did not entrench the Democratic Party in power and therefore does not violate the New Mexico Constitution.
The five justices on the New Mexico Supreme Court affirmed Van Soelen’s ruling on Monday morning in a three-page order.
The Republican Party of New Mexico argued in its written briefing on Oct. 28 that Van Soelen made an error when he concluded that even though the new map “substantially diluted” Republican votes, that dilution was not egregious enough to entrench the Democratic Party in the state’s 2nd Congressional District, and therefore it is constitutional.
Rep. Gabe Vasquez won the seat under the new congressional district lines in 2022, narrowly defeating Republican incumbent Yvette Herrell. The two are expected to run against each other for the seat in 2024.
“Specifically to the issue of entrenchment, the district court erred as a matter of law, first, in applying that as a separate and independent analysis and secondly, in interpreting ‘entrenchment’ to mean that it is effectively impossible (for Republicans to win),” the New Mexico GOP’s attorney Carter Harrison told the justices in oral arguments in Santa Fe on Nov. 20.
The justices concluded Monday that Van Soelen “committed no legal error.”
New Mexico Supreme Court Chief Justice Shannon Bacon asked Harrison during oral arguments whether he thinks any of Van Soelen’s factual findings “are unsupported by the record.”
“No, your honor,” Harrison said.
The justices concluded Monday that Van Soelen’s factual findings are supported by the evidence.
The state’s Democratic Party said in a news release on Monday the Supreme Court’s ruling will hopefully put to rest “months of frivolous distractions from Steve Pearce’s New Mexico Republican Party.”
“After a nonpartisan, deliberative process that was informed by and invited expert and public input from communities across the state, and subsequently went through the complete legislative process in committees and both chambers, the Supreme Court’s decision reaffirms that these maps are fair and representative of New Mexico and our diverse communities,” the Democratic Party said in its statement. “Now that this matter is finally resolved, both parties can focus on what matters – reaching voters and serving New Mexicans.”
Source New Mexico is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Source New Mexico maintains editorial independence. Contact Editor Shaun Griswold for questions: info@sourcenm.com. Follow Source New Mexico on Facebook and Twitter.
