eNewMexican

Redistricting ruling looms but unlikely to end case

Whatever district judge decides, state Supreme Court expected to have final say

By Robert Nott rnott@sfnewmexican.com

LOVINGTON — A court ruling this week could play a key role in determining whether New Mexico keeps its all-Democratic congressional delegation. But even that probably won’t be the final word.

Ninth Judicial District Judge Fred T. Van Soelen has until Friday to issue a ruling following a two-day trial on a lawsuit filed by the Republican Party of New Mexico and several private citizens in January 2022.

The plaintiffs are challenging the new boundaries of the 2nd Congressional District drawn after the 2020 census as an illegal gerrymander designed to undercut Republican power in southeastern New Mexico and make the 2nd District more likely to elect a Democrat to the congressional seat — which happened when Gabe Vasquez narrowly defeated incumbent Yvette Herrell in November 2022.

The trial in a state courtroom in Lovington wrapped up Thursday.

Those hoping for an end to the redistricting issue within a week are likely to be disappointed. Lawmakers, lawyers and others familiar with the case say if one thing is certain, it is this: No matter who wins, the other side will appeal.

“I think the state Supreme Court will have to weigh in, in some fashion or another,” said John Wertheim, a lawyer who represented Democrats during a similar redistricting fight in 2011.

State Sen. Daniel Ivey-Soto, D-Albuquerque, agrees. “Regardless of what the judge orders, it will end up back in the Supreme Court,” Ivey-Soto said. “Either side or both sides are going to ask for a Supreme Court review of the judge’s order.”

Steve Pearce, chairman of the Republican Party of New Mexico, wrote in an email he has not yet decided whether his side will appeal if it loses the case.

If the case ends with an order to redraw the maps, the story could take a few possible paths. The state Supreme Court or a district judge could take on the job of drawing the maps with the goal of attaining the governor’s approval, as happened in the 2011-12 redistricting battle between the Democratic Legislature and Republican Gov. Susana Martinez.

The other option is a special session to draw a new map. The governor can call a special session, or it can be called by a two-thirds vote of lawmakers in both chambers. While no court can order the Legislature or governor to convene a

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2023-10-01T07:00:00.0000000Z

2023-10-01T07:00:00.0000000Z

https://enewmexican.com/article/281500755885139

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