The New Mexico Supreme Court issued its ruling in the case of Lujan Grisham v. Romero, S-1-SC-38396. The case was between the Governor along with Secretary of the Department of Health Kathleen Kunkel and the Fifth Judicial District judge's application of a Temporary Restraining Order (TRO) against the actions taken by the State. This refers to restaurant owners acting against the public health order to remain closed and offer only outdoor dining.

When the State acted against such restaurants, they went before a judge who decided the State did not have the power to control their behavior. Romero agreed to issue the TRO, and the case went to the New Mexico Supreme Court for further review.

The court reached a unanimous decision today and spoke to the Public via YouTube.

Chief Justice Judith Nakamura said the Court was there to resolve two questions, which she briefly summarized before providing the Court's answer.

"The primary question was if the Secretary of the Department of Health has the authority to restrict or close those businesses when she has deemed it necessary for the protection of public health," Nakamura said.

"After reviewing multiple statutes, including the Department of Health Act and the Public Health Emergency Response Act, it is clear that the New Mexico legislature has given the Secretary of the Department of Health the statutory authority."

The second question was whether the temporary closure of indoor dining at restaurants and breweries was arbitrary and capricious.

"It is the policy of courts to uphold regulations intended to protect public health unless it is plain they have no real relation to the object for which they were enacted," Nakamura explained.

Nakamura continued, "It is well stated that differing opinions do not make something arbitrary and capricious"

Recently Chief Justice Roberts pronounced on behalf of the United States Supreme Court that the Constitution entrusts safety and health decisions to the political branches of government.

"It is appropriate for this court to exercise the power of superintendent control on an issue of first impression concerning constitutional provisions with serious public health implications." she said, "so we are granting the writ and directing Judge Romero to vacate the TRO and to dismiss the application."

The Order Granting the Writ and the Writ itself can be found below:

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{pdf}mypdfs/Writ.pdf{/pdf}