GOP Leader Townsend blasts ruling that undermines NM Legislature’s authority
Artesia, NM – House Republican Leader Jim Townsend issued a statement regarding the New Mexico Supreme Court’s ruling against small business efforts to operate during the current public health crisis.
The case centered around whether the Governor had exceeded her authority in issuing fines of $5,000 for violating her public health orders. The decision has come as a surprise to small business across the state, as the statue regarding violation of those orders is a misdemeanor offense—a $100 fine. Unfortunately, the Supreme Court agreed with the executive’s lawyer that the Governor can impose such fines, even though the Legislature had not explicitly given her that authority.
“With today’s ruling, the Supreme Court has effectively undermined the Legislature’s authority,” said House Republican Leader Jim Townsend (Artesia). “The court has just given the Governor unfettered power to create law during a health crisis. Nowhere in the statute does is say the Governor can fine businesses $5,000 a day for staying open during a public health emergency, yet the court disagreed. The people of New Mexico should be very worried by what transpired today.”
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