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New Mexico Supreme Court delivers divided decision on governor’s emergency orders addressing gun violence and drug abuse.


The New Mexico Supreme Court issued a split ruling on Gov. Michelle Lujan’s executive orders related to gun violence and drug use. The court upheld the ban on guns in parks and playgrounds, but ruled that suspending a program to reduce children in detention centers exceeded the limits of police power. The court determined that the Public Health Emergency Response Act grants the governor authority to declare a public health emergency, even if it is not sudden or unforeseen. The court also criticized the lack of clarity in suspending the Juvenile Detention Alternatives Initiative program. The orders expired in October 2024, but the court decided to hear the case due to its substantial public interest. The ruling was not unanimous, with two dissenting opinions expressing concerns about the misuse of executive powers in the future. The court’s decision sets a precedent for future cases involving the balance of power between the executive and legislative branches in emergency situations.

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