cases

State v. Gomez

Case about search and seizure; established that NM courts can expand rights beyond federal law using the interstitial approach.

Interstitial approach

Legal principle where federal law is applied first, followed by state constitution if necessary.

Yazzie Martinez v State of New Mexico

Case that ruled NM violated the constitution by not providing adequate education, especially for Indigenous, low-income, and English learner students.

Fundamental right to education

Established in Yazzie Martinez; mandates that the state must provide sufficient education.

Positive (affirmative) right

A right that requires the state to take action, as shown in Yazzie Martinez.

Atencio v State of New Mexico

Case where plaintiffs argued for a constitutional right to a clean environment; court declined to recognize this broad right.

Limits of judicial power

Concept highlighted by Atencio; indicates that courts may defer to the legislature/executive.

Rucho v Common Cause

Case on partisan gerrymandering where federal courts will not hear such claims, labeling it a political question.

Political question

A matter that federal courts consider inappropriate for judicial resolution, as seen in Rucho.

Grisham v Van Soelen

Case challenging redistricting in NM; NM courts can review these claims.

Independent constitutional authority

Concept indicating state courts can act when federal courts do not, exemplified in Grisham.

Dobbs v Jackson Womens Health Organization

Case that overturned Roe v. Wade, removing federal constitutional protection of abortion rights.

State control of abortion rights

Result of Dobbs; states now have authority over abortion laws.

New Mexico Right to Choose NARAL v Johnson

Case requiring NM to fund medically necessary abortions based on equal protection.

Equal protection

Legal principle used in New Mexico Right to Choose case to support funding for abortion services.