Hearing Scheduled Tomorrow on Motion for Temp Restraining Order Against New Mexico Gov’s Gun Order
The hearing covers the case brought forth by the Gun Owners of America, one of for lawsuits filed against the governor.
On Tuesday, at 11 AM MT (1 PM ET), the United States District Court – District of New Mexico (Albuquerque) will have a hearing on the motion for a temporary restraining order against the governor’s stupid gun emergency order.
The hearing covers the case brought forth by the Gun Owners of America. Four cases have been filed against the governor.
To that end, Plaintiffs request an immediate Temporary Restraining Order be issued, on an emergency basis, followed by a preliminary and then permanent injunction, and also seek declaratory and other relief. Moreover, because there is literally nothing that Defendants can offer as a legal defense to their blatant and egregious constitutional violations, Plaintiffs ask that a restraining order be issued ex parte, without any opportunity for Defendants to respond or be heard.
“Ex parte” means “from one party” in Latin. It is used in various roles. For civil procedures, such as this one, it means the party is asking the judge to grant the order (temporary restraining order) without waiting for the defendants to respond.
DONATE
Donations tax deductible
to the full extent allowed by law.
Comments
Wow… that was fast.
If only the impeachment was this fast.
There cannot be an impeachment as the Democrats hold both Houses of the New Mexico legislature and their ideological solidarity with the governor along with support for the idea of dismantling the Bill of Rights will keep Grisham safe.
Subotai Bahadur
Only ONE democrat has spoken out. One of our state senators finally weighed in. Crickets from the DC congressional delegation and the state house and senate.
Judge Urias is an Obama appointee.
The NM legislature won’t be called into a special session to vote on impeachment, and the body is Donk-controlled. anyway. Too bad, as some Donk legislators are asking the Governor to rescind her order.
Actually, he’s a Biden appointee. But I suspect even he is gonna choke on a governor who believes she can unilaterally suspend federal constitutional rights.
And if he was going to take a dive, I suspect he would have pushed the hearing out until next week. But we’ll see tomorrow.
I stand corrected; thanks.
Did you mean to post under your real name?
Obama or Biden appointee – If he denies the restraining order (possibility with many of biden or obama appointees, then immediately appealable to the 10th. Doubtful that the appealatte court will ignore bruen or heller.
Since the Grubenor’s order is for 30 days, shouldn’t be hard for judges to stall and then dismiss as moot, followed by the “Whaddaya going to do about it Chumps?” reception for the judiciary in the Governor’s mansion
As I posted on another thread, Lujan may have recked her own mootness escape hatch:
https://hotair.com/ed-morrissey/2023/09/12/lujan-grisham-to-sheriff-i-dont-need-a-lecture-on-constitutionality-n577372#google_vignette
Lock her up!
The judge should realize how insanely dumb they will look if they refuse the restraining order, unless the judge is exceptionally dumb. The only question is if the judge will not care how bad they look to refuse the order and do it anyway for their leftist buddies.
They? Their? How many judges are there?
.
All this session, Lujan has been flogging gun control bills; including bills to outlaw possession of >10-round mags, penalties for gun owners if their stolen gun is used by a minor to commit a crime, bans on AR pistols, and (of course!) to outlaw “assault weapons” entirely.
When she didn’t get what she wanted from the legislature, she threatened to call a special session to bludgeon them into passing these bills.
And now, when that didn’t work out to her liking, she decided to enact them unilaterally.
Lujan has the same sort of monomania for banning guns that some of her fellow sifferers have for compulsive handwashing, counting, or avoiding sidewalk cracks. She needs a long rest away from stressful public service.
Nothing is done in a vacuum, and she didn’t really move unilaterally. This is a trial balloon… hopefully a fading clay pigeon. Still, the judge can step in and reinforce her ban.
Again… to me… the second part that she is not bound by her oath of office speaks more to the point. an AWFL tyrantita. Law? What law? We don’t need no stink’n laws when she is governor. Spoiler alert…. she is that penguin at the edge of the ice flow pushed off by the others to test the waters for danger.
I think she would benefit from an emergency health order to ban snack food.
It would be better to have an injunction to ban her wasting more air.
Every time she breathes, she poisons Mother Gaia. And the climate is boiling don’t you know.
Why the federal court and not a state court as she is the governor? All state judges and officers, in taking their oaths, pledge to support the NM and federal constitutions (Article VI requires it). So a state court would seem to be the proper forum.
She violated the federal Constitution.
She also violated the state constitution.
The Queen declines to present herself before the court. The little people think they have some sort of ‘rights’. Let them eat cake.
Her “order” is not a law and has no legal authority. Her order is also treason against the Constitution.
Your first statement is correct. Your second is not.
The NM Governor and Government should be placed under a Special Master like the do with police forces. Any decision she makes needs to be approved by the Special Master.
NYC, CA, Chicago and Colorado need it too. The latter needs to protect the guy at Masterpiece Cake shop. If he is even issued a parking ticket, it should be reviewed. The others openly create gun laws they know won’t pass SCOTUS but it takes 3 years to be overturned.
As was said before: “No Crisis Should Go to Waste” Even a self manufactured crisis/emergency.
Unwittingly or not, she is serving up a test case in which a public official declares a “public health emergency” then rules by decree bypassing the legislature who wont do what they want. This “emergency” stuff has been floated for firearms quite some time and lately as a way to jam climate green nonsense and trans in bathrooms.
The Covid hysteria gave these tyrants a taste of unbridled power and since many were reelected, they are now emboldened.
What’s intriguing (and I just learned it an hour ago) is that her previous position was as state director of public health. Peter Principle, meet Hammer Principle.
Apparently the Guv is not a big fan of the Constitution or of principles. Her reply to the sheriff’s refusal to enforce:
https://www.foxnews.com/politics/new-mexico-sheriff-wont-enforce-unconstitutional-gun-ban-protecting-second-amendment
“I don’t need a lecture on constitutionality from Sheriff Allen: what I need is action,”
What you need is a [censored] and a [censored] on a public street near the capitol grounds. Pour encourager les autres.
Why is this taking so long? If a governor wrote an Executive Order that forbade people of color from using public transportation, would it take a week for that order to be enjoined by a federal court? Of course not. It would have happened in hours…maybe minutes.
Ready for her to say “No injunction is absolute in the face of an emergency!”
In a world of such uncertainty, I am comforted to know that hollowpoints are always absolute.
Note to moderator: I mean after a formal declaration of liberational insurrection, of course!
IMO this situation is bellwether to one’s eyes on, not so much because it’s an authoritarian executive usurpation of power (it is, and all too common these days), but because of New Mexicans’ responses among local law enforcement officials and ordinary NM citizens. One can almost read into the incident the elements of another Boston Tea Party or other comparable rebellion. Perhaps the US can carry out a revolution or civil war using legal action instead of shooting at each other. Could be another fascinating chapter in this exceptional nation’s history. Stay tuned…….
And not just New Mexico. When your gun control shocks David Hogg and Ted Lieu, the consensus that you are a tyrant is inescapable.