Posted on 09/12/2023 5:41:59 AM PDT by Reno89519
It’s up to federal judges to choose how and when to proceed on lawsuits filed over the weekend attempting to block a public health order issued last week by Gov. Michelle Lujan Grisham that, among other things, restricts the possession of guns in public.
A hearing is supposed to be scheduled for at least one lawsuit in the future but that date is unknown as of Monday evening.
The cases are now in the hands of U.S. District Judge David Urias and U.S. Magistrate Judge Laura Fashing. On Monday, they were assigned to the four lawsuits. Their next step is to figure out if and when to schedule hearings.
On Sept. 8, Lujan Grisham and Department of Health Secretary Patrick Allen signed a 30-day order that prohibits anyone in Albuquerque or Bernalillo County from possessing a firearm in public, whether it’s concealed or open carry.
Since then, there have been four civil lawsuits filed against Lujan Grisham, Allen and other New Mexico officials, all focused on blocking the gun restrictions included in the public health order.
The cases all have similar requests to federal judges seeking to stop the enforcement of Lujan Grisham’s order in the immediate and long-term future.
More lawsuits could still come. The New Mexico Shooting Sports Association told the New York Times on Saturday it was in the process of filing another lawsuit, which hadn’t been submitted as of Friday evening.
Information about what’s happening with each lawsuit can be found below.
Hearing postponed for Donk v. Grisham
Urias had scheduled a hearing for Tuesday for the lawsuit filed by the Gun Owners Foundation, Gun Owners of America Inc. and Bernalillo County resident Randy Donk. It was canceled on Monday afternoon, the same day it was scheduled.
The hearing will be rescheduled at a later date, according to online records from the federal courts system.
A federal judge will determine the request to temporarily exempt officials like state officers from having to enforce Lujan Grisham’s public health order.
The three other lawsuits are also seeking the same from a federal judge.
The lawsuit filed on Saturday names Lujan Grisham, Allen, New Mexico Department of Public Safety Cabinet Secretary Jason Bowie and New Mexico State Police Chief Troy Weilser as defendants.
The lawsuit asks that the defendants have no chance to respond to the requested temporary restraining order.
The plaintiffs are represented by Albuquerque-based attorney Mark Carus.
Judges assigned to National Association for Gun Rights v. Grisham
The National Association for Gun Rights and Albuquerque resident Foster Allen Haines, represented by Albuquerque attorney Timothy White, filed their lawsuit against Lujan Grisham and Allen on Saturday.
Urias and Fashing are the judges assigned for this case.
There’s no scheduled hearing date, as of Monday evening.
White requested that a hearing be set within a week.
He also filed a notice on Monday that the three other civil lawsuit cases are related to this one with overlapping defendants, claims or parties.
Judges assigned to Blas v. Grisham
The case filed by Bernalillo County resident Shawn Blas, represented by Albuquerque-based attorney Marc Lowry, on Sunday sues Lujan Grisham and Allen as well as the general Office of the Governor and the New Mexico Department of Health.
Urias and Fashing are the assigned judges for this case.
There’s no scheduled hearing date, as of Monday evening.
Lowry had requested on Monday that a half hour-long hearing be set for the same day, which didn’t happen.
The defendants got a summons to court on Monday for this case.
Judges assigned to We The Patriots USA INC. v. Grisham
We The Patriots USA, Inc., a nonprofit focused on protecting constitutional rights, and Dennis Smith, Albuquerque resident and member of We The Patriots, are represented by Connecticut-based attorney Cameron Atkinson and Gallup, N.M.-based attorney Jeremy Gay in this case.
Their lawsuit, filed on Saturday, names Lujan Grisham, Allen, Bowie, Weisler and Albuquerque Police Department Chief Harold Medina as defendants.
Urias and Fashing are the assigned judges for this case.
There’s no scheduled hearing date, as of Monday evening.
Atkinson also requested on Monday that a 30-minute hearing be set for the same day, which didn’t happen.
Were any of these people arrested fro carrying a firearm “illegally.” No. So they clearly don’t have standing to sue. And besides, if they were, then it’s because they are MAGA inusrrection conspirators out to overthrow “our” Democracy.
Well if it stands, I’d like to see GOP Governors declare a medical emergency ending all abortion.
American males need to stop voting with their Johnsons.
Looks to me like the fix is in. The 30 days will be over by the time any "judge" does anything.
According to Judge Napolitano, when it comes to contesting the constitutionality of a law, there is precedent that whoever is bringing the suit has standing, because damage to the Constitution is damage to everyone.
It is the ☭Dem_Way !
Of the judges mentioned, there’s no information given who appointed them.
Urias=Biden
The County Sheriff and the ABQ police Chief has said they will not enforce what they see as an unconstitutional executive order.
She has no basis in law for this. Period. They know it, but someone paid her to try.
Soros? May be.
18USC274
The harm is found in the nullifying of the 2A right.
An arrest does not need to happen.
Bernalillo county has also announced their district attornies will decline to prosecute anyone whose arrest stems from this order.
CC
Fashing is a graduate of UC Berkeley Boalt Law School; that portends nothing good.
It’s wierd how when a republican president tries to do something that the ,eft dont like, a federal judge steps in and shuts them down until a trial can be had on the issue, but when a liberal passes a blatantly unconstuational law, and lies abput the reason for the law, courts drug their feet and allow it to stand until a court case can be had
This is a trial balloon and if it is allowed to stand, states all across the nation will begin declaring “health emergencies” to justify denying the public their right to self defense and to own guns
Yes, if any Republican governor attempted this, the judge probably couldn’t get to the courthouse fast enough on Friday when they did it
The governor is vying for a post governorship job. Hopefully, that will be limited to Walmart greeter, though she probably wouldn’t want to do that in New Mexico after this fiasco.
I lived in NM for 14 years. Even the Leftist mine workers love hunting and the 2nd amendment. Many of them own Weatherby’s, it is a status symbol.
They all go deer hunting.
I lived in a Mining town adjacent to the Gila National Forest. During hunting season, the local lumber yard was run by old guys and women for a few days. Not exaggerating.
Lefties suck. Period.
health emergency gun grab
a prelude to the declaration of a climate emergency
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