Scope: Federal (New Mexico)
Branch: Judicial
Severity: Green
Date occurred: November 14, 2023
Phase: 2021-2023
In State ex rel. Candelaria v. Grisham, the New Mexico Supreme Court ruled that Gov. Michelle Lujan Grisham exceeded her constitutional authority by unilaterally spending over a billion dollars in federal ARPA pandemic relief funds without legislative appropriation. The court initially ruled against the Governor on November 17, 2021, siding unanimously with state senators, and issued a full written opinion in 2023 establishing a new state framework for resolving separation-of-powers disputes over federal funds, similar to approaches used in Colorado, Oklahoma, and Massachusetts.
Constitutional basis: New Mexico judiciary enforcing the state constitution's appropriations clause (Art. IV, Sec. 30) against executive overreach
Sources
- KOB.com
- Santa Fe New Mexican
- State Court Report