Constitutional Breach In New Mexico

[Drafe Hoblin]

Governor Grisham issued an EO suspending 2A (and 1A) rights by declaring a 'State Emergency' under powers 'granted to her' by the Governorship... or something.

https://www.washingtontimes.com/news/2023/sep/9/new-mexico-gov-lujan-grishams-emergency-firearm-ca/

https://www.thegatewaypundit.com/2023/09/new-mexico-governors-unconstitutional-gun-grab-so-top/

Sheriffs and law enforcement are refusing to comply at this point, amid statements from the Governor that 'new recruits will be added to enforce the order'.

Impeachment Articles are already being drawn-up.

https://www.thegatewaypundit.com/2023/09/anyone-who-complies-illegal-unconstitutional-edicts-like-one/

Sorry, governor, but you are not allowed, no politician is allowed, to “suspend” the Constitution.

[Happy Fun Ball]

“No constitutional right, in my view, including my oath, is intended to be absolute.”

This right here is liberalism in a nutshell.

[Old n Grumpy]

That needs to be challenged and she needs to be removed from office l when crime is out of control. It’s not the time to stop citizens from protecting themselves. It seems like the gun, crimes and violence are gang and drug related that needs to be addressed.

[SVPete]

I wonder how long it will take for a Federal court to let her know that matters concerning the US Constitution are wa-a-a-a-ayyyyyyyy above her pay grade.

[Old n Grumpy]

I wonder how long it will take for a Federal court to let her know that matters concerning the US Constitution are wa-a-a-a-ayyyyyyyy above her pay grade.

Exactly, any politician who thinks that they are above the constitution should be removed from office.

[SVPete]

Challenge to N.M. Governor's Ban on Public Gun Carry in Albuquerque and Surrounding County

https://reason.com/volokh/2023/09/10/challenge-to-n-m-governors-ban-on-public-gun-carry-in-albuquerque-and-surrounding-county/

From the motion for a temporary restraining order in Nat'l Ass'n for Gun Rights v. Grisham, filed yesterday in New Mexico federal court (paragraph numbering removed).

...

Bruen states that the appropriate test for applying the Second Amendment is: "[1] When the Second Amendment's plain text covers an individual's conduct, the Constitution presumptively protects that conduct. [2] The government must then justify its regulation by demonstrating that it is consistent with the Nation's historical tradition of firearm regulation. Only then may a court conclude that the individual's conduct falls outside the Second Amendment's unqualified command." … The Carry Prohibition flatly prohibits Plaintiffs from carrying handguns (or any other firearm) in public for self-defense. Therefore, Plaintiffs' burden under step one of the Bruen analysis is easily met for the same reason it was met in Bruen….

The entire motion, https://storage.courtlistener.com/recap/gov.uscourts.nmd.492592/gov.uscourts.nmd.492592.3.0.pdf .

[SVPete]

Somebody cue Rod Serling, https://twitter.com/tedlieu/status/1700589909390835901 . Ted Lieu saying something sensible?! About guns?!!! I'm going outside to see if a flight of porcine aviators is in the landing path for Moffett Field!

[DefiantSix]

Exactly, any politician who thinks that they are above the constitution should be removed from office hung from a street lamp in front of s/h/its office.

Fix't 'er for ya my friend.  

[Old n Grumpy]

Fix't 'er for ya my friend.  

We think alike 

If crime and drug trafficking and abuse are a problem then it seems that the government has failed in its duty to prevent these activities.
Due to progressive policies the left has turned our cities into decaying shit holes. By worrying more about criminals and illegal aliens and pissing our tax dollars away on foreign wars, freebies for illegals and being soft on crime this is what they got.

Taking away a law abiding citizen’s rights to defend themselves and their families is bull shit!

[Eupher]

They really must have some good weed in New Mexico these days -- bordering on hallucinogenics.

For Governor Scrunt to say that constitutional rights, including oaths of office, are not absolute is a complete abdication of what she swore to uphold.

No other recourse but to dismiss her from office, if not prosecute. The charge? How about just being a fetid leftist. That'll do for starters.

[SVPete]

Four Lawsuits Filed Challenging New Mexico 2A Emergency Order

https://legalinsurrection.com/2023/09/four-lawsuits-filed-challenging-new-mexico-2a-emergency-order/

The pushback was immediate from people you would expect to push back, you know, law-abiding citizens who didn’t appreciate being summarily stripped of their right to keep and bear arms as protected by the Second Amendment and numerous Supreme Court decisions.
...
But it also came from some unexpected sources, like California Democrat Ted Lieu – YES, THAT TED LIEU. And Davig Hogg – YES, THAT DAVID HOGG.
...
More significantly, over the weekend, at least four lawsuits, two of which seek immediate injunctive relief, have been filed. (The Pacer docket shows four as of this writing, but it’s possible more have been filed and are not yet publicly available.)

National Association For Gun Rights (Complaint, Motion)

We The Patriots (Complaint, Motion)

Randy Donk, Gun Owners of America (Complaint)

Shawn Blas (Class Action Complaint).

[DefiantSix]

Protest held in Old Town against governor’s public health order

ALBUQUERQUE, N.M. (KRQE) – Dozens of people protested in Albuquerque Sunday with guns in hand. They’re claiming the governor is overstepping her authority after that public health order banning guns in public spaces in Bernalillo County.

More than 100 people showed up in Old Town Sunday to protest the governor’s order, which is a 30-day ban on carrying a gun in public spaces in Albuquerque and Bernalillo County.

In protest, gun owners had their firearms on full display. Many expressed their frustration and anger towards the new order.

[/snip]

Governor's being slapped down in more than just the courts, according to these links...

Video Link

[SVPete]

Two lawmakers call for impeachment of Governor Lujan Grisham after public health order

https://www.msn.com/en-us/news/other/two-lawmakers-call-for-impeachment-of-governor-lujan-grisham-after-public-health-order/ar-AA1guBGe

NEW MEXICO (KRQE) – After the announcement Friday of the governor’s controversial public health order, it’s drawn major criticism from across the country. Two New Mexico lawmakers have now called for the impeachment of Governor Michelle Lujan Grisham.

The “public health order” was issued at the Roundhouse. State representatives Stefani Lord (R – Sandia Park) and John Block (R – Alamogordo) are now calling for her impeachment, claiming the order is an infringement on New Mexicans’ Second Amendment right.

[ADsOutburst]

They really must have some good weed in New Mexico these days -- bordering on hallucinogenics.

For Governor Scrunt to say that constitutional rights, including oaths of office, are not absolute is a complete abdication of what she swore to uphold.

No other recourse but to dismiss her from office, if not prosecute. The charge? How about just being a fetid leftist. That'll do for starters.

She's following Biden's lead.

[Drafe Hoblin]

The Albuquerque-DA is refusing to enforce her gun ban. 

He knows that it's impossible to argue that the ban 'has nothing to do with the Constitution' by way of arguing that the Constitution 'is not absolute'.  The Governor hasn't defined which is what.

It's clear from the silence that she expected the DA, her appointee, to comply. 

[Eupher]

The Albuquerque-DA is refusing to enforce her gun ban. 

He knows that it's impossible to argue that the ban 'has nothing to do with the Constitution' by way of arguing that the Constitution 'is not absolute'.  The Governor hasn't defined which is what.

It's clear from the silence that she expected the DA, her appointee, to comply.

I was encouraged - even with the roughly 100 protesters who showed up in Albuquerque the day after the gov showed her ass - that there were many who open carried, including long guns. I'm not an advocate for open carry, believing it to be too provocative and opening up the carrier to stupid attacks by dithering leftists, but in this case it showed Governor Scrunt that the people will not be infringed.

LEOs watching the peaceful protest made absolutely no arrests. That tells me Governor Scrunt is flapping in the wind all by herself.

[Eupher]

I'm led to believe that while Governor Scrunt knew her "order" would attract legal attention, she knew it wouldn't go far. That explains the 30-day term of her "order" but it also signals a trial balloon and message to her fellow leftist governors.

All the more reason to conclude that leftists will never cease their unrelenting attack on 2A.

[Old n Grumpy]

I'm led to believe that while Governor Scrunt knew her "order" would attract legal attention, she knew it wouldn't go far. That explains the 30-day term of her "order" but it also signals a trial balloon and message to her fellow leftist governors.

All the more reason to conclude that leftists will never cease their unrelenting attack on 2A.

She’s testing the waters to see how far she can cross the line and what she can get away with. She needs to be unelected.

[DefiantSix]

She’s testing the waters to see how far she can cross the line and what she can get away with. She needs to be unelected.

I stand by my original position earlier. The only way we nip this in the bud with the other leftist scumbags watching and gauging the blowback she's getting is if "we" UNALIVE this scrunt. Otherwise their confirmational bias is just going to reinforce to them that they'll be able to get away with it just like she did.

Arrest. Charge. Convict. Execute. Leave the body in a gibbet outside the Governor's mansion as a warning to the next DUmbass that parks their ass in the center seat.

[SVPete]

Emperor Michelle I: A lawyer, a lawyer, my kingdom for a lawyer! UPDATE: Showdown at 1 MT

https://hotair.com/ed-morrissey/2023/09/13/emperor-michelle-i-a-lawyer-a-lawyer-my-kingdom-for-a-lawyer-n577626

Suspending the Constitution is all fun and games until you look around and even your allies won’t return your calls. Such is life at the moment for Emperor Michelle I of New Mexico, formerly known as Governor Michelle Lujan Grisham, who thought she could score some virtue-signaling points on the cheap at the expense of law-abiding gun owners. The Emperor and the state now face a slew of lawsuits seeking federal intervention to enforce the US Constitution and punitive measures against a tinpot dictator who claims her oath to the Constitution is “not absolute.”

Late yesterday, the emperor discovered that she had no legal clothes — or at least no legal cover. Attorney General and fellow Democrat Raúl Torrez informed Lujan Grisham that he will refuse to represent her office and the state in these lawsuits, proclaiming that he takes his oath to the Constitution more seriously:
...
And even worse, Torrez’ declaration will certainly enter the court record via the plaintiffs. That makes finding an attorney to take this case on behalf of the state even more problematic. First off, what attorney wants to go on record as having told a federal judge that fealty to the US Constitution is optional? And second, good luck finding an attorney with any enthusiasm when the state AG has already declared that the plaintiffs are right and refuses to take the case on principle on the basis that Lujan Grisham is violating her oath of office.

[Old n Grumpy]

  Attorney General and fellow Democrat Raúl Torrez informed Lujan Grisham that he will refuse to represent her office and the state in these lawsuits, proclaiming that he takes his oath to the Constitution more seriously:

It’s good to see that there’s some politicians with a working brain that takes their office seriously 

[SVPete]

Federal judge blocks suspension of right to carry firearms in public ordered by New Mexico governor

https://www.wrdw.com/2023/09/13/federal-judge-blocks-suspension-right-carry-firearms-public-ordered-by-new-mexico-governor/

ALBUQUERQUE, N.M. (AP) — A federal judge has blocked part of a public health order that suspended the right to carry guns in public across New Mexico’s largest metro area.

The ruling Wednesday by U.S. District Judge David Urias marks a setback for Democratic New Mexico Gov. Michelle Lujan Grisham as she responds to several recent shootings that took the lives of children, including an 11-year-old boy as he left a minor league baseball game in Albuquerque.

[DefiantSix]

Federal judge blocks suspension of right to carry firearms in public ordered by New Mexico governor

There are about 674,000 US citizens in Bernalillo County, New Mexico. Now that the injunction's in place, a federal PROSECUTOR needs to begin the process of charging Governor NuckinFutz with 674,000 counts of Deprivation of Rights Under Color of Law (18 USC s/s 242), a Federal felony carrying a sentence of up to 10 years in federal Pound You In The Ass prison per charge.

Even if the Governor is only convicted for violating the rights of the 100 or so people who showed up to protest her damned illegal "order", that ought to be sufficient to give the rest of the gun-grabbing leftist scum she put this trial balloon up for sufficient pause for thought as to make them rethink their strategy going forward.

[Eupher]

https://issuesinsights.com/2023/09/14/target-practice-2/

Cartoonist Michael Ramirez is usually on point. From the sublime to the provocation of thought, this analysis is something to ponder.

September 14, 2023

Is Governor Grisham’s order suspending the Second Amendment a trial balloon?
By Molly Slag

Ho hum. The debacle in Albuquerque is both boring and amusing. On September 8, New Mexico Governor Lujan Grisham announced a “public health emergency” 30-day ban on carrying firearms in the City of Albuquerque with the threat she would extend it further if she so chooses.

Why boring? Because the outcome of this silly move was determined from the git-go.

Why amusing? Many of us smile, snicker, and yawn. It’s amusing because the follow-up to the Governor’s declaration developed according to the established pattern. The Chief of Police of Albuquerque, the Sheriff of Bernalillo County, and the Attorney General of the State of New Mexico have all announced they will not enforce the obviously unconstitutional ban, and the National Association for Gun Rights sought an injunction, which was granted yesterday in the form of a Temporary Restraining Order from the US District Court for the District of New Mexico. Citizens with AR15s slung over their shoulders gathered to protest, wave signs, and share speeches. The weatherman notes clouds and overcast and hints of possible morning showers.

On the other hand, although this scenario looks rather like déjà vu all over again, it actually is a bit intriguing.

Why intriguing? Because surely the governor had her finger to the wind and knew exactly what the response was going to be, but she went forward anyway.

Why? Because it’s a probe, providing the strategists who serve our reptilian overlords with some data points. As with the case of COVID, the lizards who orchestrated the pandemic knew it would eventually be discovered that the US federal government funded the creation of it in the Wuhan lab, and we’d eventually learn that the masks, the social distancing, and the lockdowns were all pointless and that the “vaccines” were both ineffective and dangerous.

So why pursue that entire elaborate rococo deception? Because the deep-state lizards wanted to study the public response.

And why that? Because our deep-state reptilian overlords are in the process of formulating a plan to fit us all with a totalitarian straightjacket.

It must always be borne in mind that, for the political class, political power is the greatest pleasure, and the lust for power is the greatest motivation in life. (Aside: Meanwhile, back at the Federal Legislative Ranch, the Republican leadership is moving forward with a plan to rescue the Democrats from Biden in 2024. Trump will be running against whoever.)

Bear in mind that, in 1944. the United States Supreme Court in Korematsu v. United States approved the 1942 Japanese internment, because of “military necessity.” Perhaps that made sense under the circumstances if one believes the hysteria portrayed in the 1979 John Belushi movie 1941, but note that Korematsu fires the lizard quest for an “emergency” sufficient to sweep aside the US Constitution and all its citizen protections in one fell swoop.

It is surely alarming enough that the 17 federal intelligence agencies have developed the technology to surveil us through our underwear, but just why is it that 70 federal agencies are armed with significant firepower?

Let us ponder: What could piggyback on Korematsu? How about martial law?! Martial law has indeed already been imposed some 68 times in US history.

https://www.americanthinker.com/blog/2023/09/is_governor_grishams_order_suspending_the_second_amendment_a_trial_balloon.html

Emphasis mine.

[Old n Grumpy]

And why that? Because our deep-state reptilian overlords are in the process of formulating a plan to fit us all with a totalitarian straightjacket.

The restrictions placed on us during covid violated our civil constitutional rights, and corporations helped.

Now in the aftermath we discovered the truth about the restrictions and the government over reach and we won’t be so willing to let our rights be taken away again.