New Mexico Governor Michelle Lujan Grisham has declared that the 1st and 2nd Amendments to the United States Constitution do not exist due to an emergency.
Grisham made the declaration in a speech on Friday, saying that the state is facing a “crisis” and that the amendments must be suspended in order to protect public safety.
“We are in a state of emergency,” Grisham said. “The 1st and 2nd Amendments are not absolute. They can be suspended in times of crisis.”
The declaration has been met with widespread criticism from gun rights advocates, who say that it is a violation of the Constitution.
“This is an outrageous attack on our fundamental rights,” said Wayne LaPierre, the executive vice president of the National Rifle Association. “The governor is trying to disarm law-abiding citizens in the name of safety, but she is only making us less safe.”
The declaration is also being challenged in court. The New Mexico Gun Owners Association has filed a lawsuit asking a federal judge to block the governor’s order.
The case is likely to go to trial, and it could have implications for gun rights in other states.
The legal theory that the governor is relying on is called the “emergency exception.” This theory holds that the government can suspend certain rights during times of emergency.
The emergency exception has been used to justify a variety of government actions, including the detention of Japanese Americans during World War II and the surveillance of suspected terrorists after 9/11.
However, the emergency exception is a controversial doctrine, and it is not clear whether it can be used to suspend the 1st and 2nd Amendments.
The Supreme Court has never ruled on the question of whether the emergency exception can be used to suspend the Bill of Rights. However, in a 1971 case, the court held that the government cannot suspend the writ of habeas corpus during times of emergency.
The writ of habeas corpus is a legal right that allows people to challenge their detention. The Supreme Court’s decision in this case suggests that the government may not be able to suspend other rights, such as the 1st and 2nd Amendments, during times of emergency.
The New Mexico governor’s declaration is a significant development in the debate over gun rights. It is likely to be challenged in court, and it could have implications for gun rights in other states.