Quote of the Day
Lujan Grisham’s diagnosis of the problem is surely correct; her proposed solution, however, is astoundingly misguided. The governor has leveraged an emergency health law to suspend a right protected by state statute, the state constitution, and Supreme Court precedent. Whether that right should exist is beside the point; it does exist in New Mexico today, pursuant not only to court decisions but also democratically enacted laws. By suspending it unilaterally, Lujan Grisham has claimed an alarming new power to revoke well-established individual rights by executive order. And she has done so in the most blundering way possible, ensuring a backlash that will only empower citizens, activists, and politicians who view all firearm restrictions as an existential threat to personal liberty.
Mark Joseph Stern
September 13, 2023
A Democratic Governor’s Public Gun Ban Is Already Backfiring
Stern is no friend of gun owners but he does have a reasonably good grasp of political reality.
In related news:
A federal judge has granted a temporary restraining order in a Second Amendment Foundation challenge of New Mexico Gov. Michelle Lujan Grisham’s Sept. 8 edict suspending the constitutionally-protected right to bear arms, in Albuquerque and surrounding Bernalillo County.
District Judge David H. Urias issued the TRO, which extends to Oct. 3, when a hearing on the preliminary injunction request will be held. The TRO was effective immediately.
The executive order was dropped last Friday, SAF filed a lawsuit and had it blocked in three business days.
Take THAT Governor Grisham!
I still want her prosecuted. But that isn’t a political reality. Yet.
The quote starts with:
“Lujan Grisham’s diagnosis of the problem is surely correct; ”
No, no it is not. And no matter what she says, if the state keeps doing the same things it is currently, the results won’t get any better.
Exactly. Her and slate along with their whole communist machine.
No such thing as gun violence, only human. (Mostly imported by communists.)
And what they’re really bummed about is that it will give precedence to slap down a bunch of other “emergency”, games the communists have in store.
Soon, the only play left will be WWIII. To save democracy!
The New Mexico Attorney General (a Democrat) has flat out stated that he will do nothing to defend the order because it violates both the New Mexico and US Constitutions.
Also, the New Mexico state legislature is looking at impeaching her.
Good. Let’s hope she’s actually convicted and tossed out of office.
Meanwhile, I wonder why the court didn’t simply issue summary judgment rather than a temporary restraining order. It seems obvious what the right answer is; delaying it doesn’t make much sense.
In California an order for Summary Judgment can only proceed from a Motion for Summary Judgment, which usually comes after both sides in a lawsuit have invested substantial time and money in acquiring evidence and putting it in a form for a Motion for Summary Judgment.
Perhaps the Court should have made a different order Sua Sponte, as it is called, on the court’s own motion, something like a failure to state a cause of action that can be done on the pleadings. alone.
It is an interesting idea, and I agree with you, a TRO or even an injunction seems like the wrong order considering the parties and the issues.
He has *not* said what he would do to *stop* agents from outside his jurisdiction acting within his jurisdiction in violation of state and federal constitutions. .. wish he would ..
And oh the delicious irony. Two years ago, this same Governor ended Qualified immunity in New Mexico. Making not only her, but everyone who helped her personally liable for suspending a protected right under color of law. Ok, ambulance chasers, start your lawsuits!
Gun Control is what Democrats do so they don’t have to enforce the law on Democrat clients. They’d much rather use government power on non-Party members, by any flimsy excuse.
Trial balloon?
https://www.americanthinker.com/blog/2023/09/is_governor_grishams_order_suspending_the_second_amendment_a_trial_balloon.html?
If she wanted to float a trial balloon, she should have looked to her ideological allies in Red China for some pointers on how to float trial balloons over the U.S.
ETA: Replaced “in” with “on” after the word “pointers.”
Meanwhile, Gov. Kemp (Georgia-RINO) issued an executive order with a declaration of economic emergency and suspended the state gasoline tax. While this doesn’t violate the Constitution (unless Georgia wrote the gas tax in), if definitely violates statute and is therefore also illegal. And, of course, there were all the executive orders during the COVID lunacy. And who knows how many Presidential EO’s are on the books that have the potential for suspending the Constitution.
So while NM is obviously a 2A case, it seems that we also have a more widespread abuse of power issue involving executive orders and emergency declarations. The firearms community, fortunately, is the only conservative movement with a modicum of organization so reacted appropriately.
You’re right. If you take the law literally, it becomes obvious that a lot of what politicians do is illegal.
But more importantly, if you take the Constitution literally, it becomes obvious that almost all laws, agencies, and departments are entirely unconstitutional. For example, I can only think of only four US cabinet departments that contain any Constitutional components, and even then it’s only a small fraction. (For example, the USPTO and NIST can be found in the Constitution, but no other part of Commerce.) And no “independent agency” can possibly be Constitutional at all.
She MIGHT lose an election over this. Even that is doubtful. But beyond that absolutely NOTHING will happen to her for this criminal abuse of power.