Serving the High Plains
Serving the High Plains
The New Mexico Supreme Court on Wednesday issued an order providing guidance to the 5th Judicial District Court for resolving a partisan gerrymandering claim in a legal challenge to the state’s congressional district map.
According to Barry Massey, public information officer with the state Administrative Office of the Courts, the court also issued a writ of superintending control that directed the district court to proceed in the redistricting litigation in accordance with Wednesday’s order.
The state Supreme Court also gave the 5th Judicial District Court a deadline of Oct. 1 to resolve the matter.
The Republican Party of New Mexico filed the lawsuit last year, claiming the redrawn maps of the state’s three congressional districts met the criteria for gerrymandering.
The Democratic Party of New Mexico, a defendant in the case, had denied such claims and stated the maps were under the purview of Democratic-controlled Legislature.
According to Massey, 9th Judicial District Court Judge Fred Van Soelen was named the presiding judge for the redistricting lawsuit after the case was filed in the 5th Judicial District Court in Lea County, and the case will remain as Van Soelen’s.
Van Soelen was appointed to the position by C. Shannon Bacon, chief justice of the state Supreme Court after no judges in the 5th District were available to take the case, according to Massey.
The court heard arguments from both parties about the redistricting lawsuit on Jan. 9.
Both sides were ordered by the court to present supplemental briefs that address whether the New Mexico Constitution better protects the state from partisan gerrymandering than the U.S. Constitution.
Under the New Mexico Constitution and the 14th Amendment of the U.S. Constitution, the state’s Supreme Court had issued a decision declaring that due to the political nature of redistricting in the state, some degree of partisan gerrymandering is acceptable.
“At this stage in the proceedings, it is unnecessary to determine the precise degree that is permissible so long as the degree is not egregious in intent and effect,” the order states.
The order states that some mathematical divergence from a district population may be permissible when redistricting.
Van Soelen will have to evaluate the degree of partisan gerrymandering in this case by comparing relevant congressional district’s voter registration data from the new maps and data from previous maps, according to court documents.