A Power Play Settled: New Mexico Supreme Court Upholds Governor’s Vetoes, But Questions Linger
The high-stakes legal battle over the constitutional limits of the New Mexico Governor’s veto power has concluded, for now, with a major victory for the executive branch. The New Mexico Supreme Court denied a request to invalidate a series of controversial line-item vetoes made by Governor Michelle Lujan Grisham, ending a closely watched separation-of-powers challenge.
The heart of the dispute centered on the Governor’s actions against the 2023 omnibus tax bill, a sweeping package that had been passed by the state Legislature. Governor Lujan Grisham used her line-item veto authority to strike down 36 of the bill’s 44 provisions, leaving in place elements like one-time tax rebates, increased child income tax credits, and some film industry tax incentives. The Governor defended her move, arguing that the vetoed sections would have decreased revenue and endangered the funding of vital state services and programs.
The challenge was brought by State Representative Miguel Garcia, a fellow Democrat from Albuquerque, who argued the vetoes were unconstitutional. The core of the legal argument hinged on a narrow reading of the state constitution. Under New Mexico law, the Governor is only explicitly granted the power to line-item veto a “bill appropriating money.” Rep. Garcia and his attorney, former state senator Jacob Candelaria, contended that an omnibus tax bill, which deals primarily with tax rates, non-refundable credits, and deductions, does not qualify as an appropriations bill subject to that specific veto power.
In early 2024, the Supreme Court issued a brief, unanimous order denying the petition for a writ of mandamus, which would have compelled the state to enact the full bill as originally written. Crucially, the court did not provide its rationale for the decision. This lack of explanation means the fundamental constitutional question remains unsettled: Are tax-related measures, especially those involving refundable tax credits or revenue transfers, truly “appropriations” that a governor can target with a line-item veto?
Attorney Candelaria noted at the time that the court’s decision leaves these “important constitutional questions” unanswered, predicting that the issue of executive authority would continue to fuel future litigation. Indeed, the political wrangling over the line-item veto is far from over. Lawmakers, wary of a repeat, worked to craft the subsequent 2024 tax bill in a way specifically designed to avoid the constitutional gray area that allowed the Governor’s previous vetoes.
The conflict flared up again recently, highlighting the ongoing tension between the executive and legislative branches. The Governor again employed her line-item veto on a separate spending package passed during a special session. This move prompted a fresh lawsuit, filed by cannabis executive Duke Rodriguez in late 2025, which also urged the state’s high court to step in and define the limits of the Governor’s power. The Supreme Court has since declined to repeal those latest special session vetoes, affirming the Governor’s actions yet again. For now, the power of the line-item veto remains firmly in the Governor’s hands, but the legal battle to define its true boundaries is clearly a permanent fixture of New Mexico politics.