Attorneys for New Mexico Governor Michaelle Lujan Grisham responded to a request by the Judge in James “James Freeman” Springer’s (Freeman) lawsuit challenging a New Mexico public health order to indicate their position as to her ability reconsider and vacate a preliminary injunction in the case after a notice of appeal had been filed.
Judge Kea W. Riggs had previously ruled in favor of imposing a partial injunction on Lujan Grisham’s public health order limiting gun carry rights in the Albuquerque, New Mexico, area. Her ruling only applied to parks in the area.
Freeman immediately appealed her decision to the New Mexico’s Tenth Circuit appeals court, challenging her ruling denying him standing to challenge the application of the public health order to playgrounds. Lujan Grisham appealed to the Tenth Circuit over the overall preliminary injunction.
Based on the appeals, Judge Riggs asked both sides to give their opinions as to her ability to reconsider her preliminary injunction based on the appeals. Freeman almost immediately responded in the negative, urging the Judge to continue the stay while the appeals played out.
The response from the defense essentially states that they would like the judge to either continue to stay the injunction while they pursue the matter in the Tenth Circuit appeals court, issue a ruling that would dissolve the preliminary injunction, or clarify that the injunction only applies to Freeman as the plaintiff in the case.
They argued that they would win on appeal as the court had already ruled that Freeman failed to establish standing in the case in a way that would impact the public health order. They also claimed that Freeman failed to make a compelling Second Amendment claim on a level that would grant him a preliminary injunction against the order.
This is a developing story.
