New Mexico judge rejects Republican challenge to congressional map – JURIST

On Friday, New Mexico District Judge Fred T. Van Soelen rejected a Republican challenge to the state’s congressional map that argued the map favors Democratic candidates. The case was in the New Mexico County of Lea Fifth Judicial District Court.

Soelen concluded that the congressional map does not violate Article II, Section 18 of the New Mexico Constitution. Section 18 is the state’s equal protection provision. Soelen noted that, under New Mexico law, a congressional map is not an impermissible gerrymander if it does not rise to an “egregious” gerrymander. Soelen found that while the map does result in the dilution of the Republican vote, it does not rise to the level of an egregious gerrymander. Thus, Soelen ruled that the map is constitutional.

Republicans sued in January 2022 after the New Mexico legislature passed SB 1, which created the congressional map in question. They argued that the map unconstitutionally diluted the votes of residents in southeastern New Mexico. The complaint asked the court to rule that the map was unconstitutional and create a “partisan-neutral” map to use in upcoming elections.

Republicans will likely appeal this decision. This case has already found its way to the New Mexico Supreme Court. Earlier in the litigation, the court ruled that the gerrymandering claim was “justiciable” under the New Mexico Constitution. Justiciability refers to the ability of a court to hear an issue.

This is not the only gerrymandering litigation in the US that has arisen before upcoming election cycles. Earlier this week, a three-judge panel in Alabama chose a new congressional district map in response to a lawsuit arguing that the Alabama legislature’s congressional map was racially gerrymandered. The decision comes only a few weeks after the US Supreme Court rejected a petition from the state government, which sought to appeal a court order prohibiting the use of gerrymandered congressional maps in Alabama elections.