New Mexico Supreme Court Issues Backwards Ruling

Last week the New Mexico Supreme Court blocked Governor Susana Martinez’s attempt to stop a cap-and-trade energy rationing scheme from taking effect, on the grounds that the Governor failed to follow proper administrative procedure. In delivering the ruling, Chief Justice Charles Daniels admonished Governor Martinez, saying that “no one is above the law.” This is ridiculous. Governor Martinez was trying to block a cap-and-trade that had been imposed by her predecessor (ex-Governor Bill Richardson), during a lame-duck session, and after the state legislature had opposed it. When a state executive imposes an energy tax over the will of the legislature, isn’t he acting “above the law”? Fortunately, Governor Martinez still can block the regulation. She’ll have to wait until it’s published in the state register, and then her administration will have to perform a formal rulemaking through the Environmental Improvement Board. We hope she doesn’t abandon the effort.