New Mexico's Attorney General, Raul Torrez, has declared his refusal to defend Governor Michelle Lujan Grisham's administration in lawsuits challenging the recent Public Health Emergency Order.
The order, which imposes temporary firearm restrictions among other safety measures, was issued by the Secretary of Health on September 8, 2023.
In a letter addressed to the Governor, Torrez stated, "I am writing to inform you that my office will not defend your administration in the above referenced cases." He acknowledged his role as the state's chief legal officer, which includes defending state officials when sued in their official capacity. However, he emphasized that his "duty to uphold and defend the constitutional rights of every citizen takes precedence."
Torrez, a career prosecutor in New Mexico, expressed his deep concern over the state's gun violence problem, particularly its impact on young people. "I have grieved with too many victims of gun violence not to share your anger and frustration at the unacceptable toll that gun violence has enacted, especially among the youngest members of our community," he said. He cited the recent tragic deaths of two children due to gun violence as a stark reminder of the urgent need for action.
Despite this, Torrez criticized the Governor's approach, suggesting it infringes on citizens' constitutional rights without effectively addressing the root causes of gun violence. "I encourage you to engage in a more thoughtful and deliberate process with members of the New Mexico Legislature rather than taking unilateral action," he advised.
Torrez further argued that the order "prevents individuals from carrying firearms in public for the purpose of self-defense," and deemed its reach "problematic because it purports to alter lawful firearm possession in ways that are inconsistent with Federal and State Constitutions."
The Attorney General also expressed concern over the public's reaction to health restrictions during the pandemic. He cautioned against stretching the definition of a 'public health emergency' to cover what he sees as fundamentally a public safety issue. "I believe it is unwise to stretch the definition of a 'public health emergency' to encompass something that is fundamentally a public safety issue," he said.
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