New Mexico
Atencio v. State of New Mexico
This case asks whether the State of New Mexico’s actions enabling pollution from oil and gas extraction, and its failure to control that pollution, violate the New Mexico Constitution’s Pollution Control Clause, Inherent Rights Clause, Due Process Clause, and Equal Protection Clause. Our brief urges the New Mexico Supreme Court to answer those questions by retiring its “interstitial approach” to state constitutional interpretation—which looks first to federal doctrine when interpreting state constitutional provisions that arguably have U.S. Constitutional analogues—and instead interpreting the New Mexico Constitution holistically and independently. This independent approach, we explain, will ensure that New Mexicans can enjoy—and enforce—the rights guaranteed to them in their unique founding document.
Status: Ongoing
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5 New Mexico Cases
New Mexico Supreme Court
Jan 2026
Prisoners' Rights
Franklin v. Martinez
This case raises the question whether New Mexico courts should retire their current, federal-centric approach to interpreting the New Mexico Constitution—a method known as the “interstitial approach”—and embrace an independent approach that would allow them to more readily diverge from federal courts in light of New Mexico’s own law, history, and values. The Court’s decision could have major implications for New Mexicans’ ability to vindicate their state constitutional rights.
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New Mexico Supreme Court
Jan 2026
Prisoners' Rights
Franklin v. Martinez
This case raises the question whether New Mexico courts should retire their current, federal-centric approach to interpreting the New Mexico Constitution—a method known as the “interstitial approach”—and embrace an independent approach that would allow them to more readily diverge from federal courts in light of New Mexico’s own law, history, and values. The Court’s decision could have major implications for New Mexicans’ ability to vindicate their state constitutional rights.
New Mexico
Dec 2025
Voting Rights
United States v. Oliver
The Department of Justice sued New Mexico Secretary of State Maggie Toulouse Oliver, demanding the state produce its full, unredacted voter file, which contains highly sensitive and personal data on every voter in the state. This suit appears to be part of the federal government's efforts to build a national voter database without congressional authorization and to improperly question the validity of state voter rolls.
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New Mexico
Dec 2025
Voting Rights
United States v. Oliver
The Department of Justice sued New Mexico Secretary of State Maggie Toulouse Oliver, demanding the state produce its full, unredacted voter file, which contains highly sensitive and personal data on every voter in the state. This suit appears to be part of the federal government's efforts to build a national voter database without congressional authorization and to improperly question the validity of state voter rolls.
New Mexico
Apr 2021
National Security
Kashem, et al. v. Barr, et al. - ACLU Challenge to Government No Fly List
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New Mexico
Apr 2021
National Security
Kashem, et al. v. Barr, et al. - ACLU Challenge to Government No Fly List
New Mexico
Apr 2014
LGBTQ Rights
Griego v. Oliver - Freedom to Marry in New Mexico
Six same-sex couples, represented by the ACLU, the ACLU of New Mexico, the National Center for Lesbian Rights (NCLR) and Albuquerque law firm Sutin, Thayer & Browne, APC, filed a lawsuit against the State of New Mexico and the Santa Fe and Bernalillo County Clerks seeking the freedom to marry. The lawsuit argues that the New Mexico marriage statutes and the New Mexico Constitution do not bar same-sex couples from marrying, and that the New Mexico Constitution requires the state to allow same-sex couples the freedom to marry.
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New Mexico
Apr 2014
LGBTQ Rights
Griego v. Oliver - Freedom to Marry in New Mexico
Six same-sex couples, represented by the ACLU, the ACLU of New Mexico, the National Center for Lesbian Rights (NCLR) and Albuquerque law firm Sutin, Thayer & Browne, APC, filed a lawsuit against the State of New Mexico and the Santa Fe and Bernalillo County Clerks seeking the freedom to marry. The lawsuit argues that the New Mexico marriage statutes and the New Mexico Constitution do not bar same-sex couples from marrying, and that the New Mexico Constitution requires the state to allow same-sex couples the freedom to marry.