10th Circuit denies rehearing in case involving student essay that criticized lesbianism

I am reliably informed that the Tenth Circuit has denied the petition for rehearing en banc filed by a student who sued the University of New Mexico for First Amendment violations as a result of actions allegedly taken against her after she submitted an essay critical of lesbianism in one of her classes.

The Tenth Circuit issued its panel opinion in Pompeo v. Board of Regents of the University of New Mexico last month. I previously wrote about the case here and here.

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NM Supreme Court to hear writ petition challenging Governor Martinez’s budget vetoes

According to this story by Steve Terrell in the Santa Fe New Mexican, the New Mexico Supreme Court has announced that it will consider the Legislature’s petition challenging Governor Susana Martinez’s line-item vetoes of the Legislature’s own budget and the budget for higher education institutions.

The Governor will have until May 5 to file a response to the petition, and the Legislature will have until May 10 to file a reply.

The Supreme Court will hold oral argument on May 15.

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Legislature petitions NM Supreme Court to overturn Governor’s budget vetoes

The Legislature has filed an extraordinary writ petition in the New Mexico Supreme Court against Governor Susana Martinez, seeking to overturn her veto of funding for the Legislature itself and higher education institutions.

Andy Lyman of the New Mexico Political Report has this story about this legal conflict, which also contains a copy of the petition.

For further coverage, Dan Boyd has this story about the lawsuit in the Albuquerque Journal, and KRQE News 13 has this story.

And you can read about the Governor’s response in “New Mexico governor won’t be bullied by lawsuit” from KOAT Action News 7.


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10th Circuit rejects Osage tribal members’ claim that trust accounting should have covered longer time period

In Fletcher v. United States, the Tenth Circuit (in an opinion by Judge Paul Kelly) rejected claims by members of the Osage Tribe of Oklahoma that the district court improperly limited the government’s obligation to perform an accounting of revenues derived from the mineral estate beneath their former reservation.

The tribal members wanted a more detailed accounting stretching back to 1906, but the the Tenth Circuit said that trial court properly exercised its discretion to order a more limited accounting. In a 2013 opinion in this case, the Tenth Circuit said that the required accounting should not be a “green eye-shade death march through every line of every account over the last one hundred years.” (Unsurprisingly, this colorful language was written by now-Justice Neil Gorsuch).

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U.S. District Court to host premiere of a documentary: “Taming New Mexico”

The U.S. District Court for the District of New Mexico will host the premiere of a documentary called “Taming New Mexico,” a 56-minute film (narrated by Sam Donaldson) that, according to one announcement, “tells the story of now New Mexico transitioned from the Spanish-Mexican rule of law to the American legal system that New Mexico has today.” Here is the trailer.

This event (which is “black-tie-optional”) will occur on Wednesday, May 10, 2017 at 5:30 p.m. at the Pete V. Domenici United States Courthouse in Albuquerque. Please RSVP by writing to info@corazonevents.com.

As an aficionado of New Mexico history, it pains me that I will be out of state on May 10! But fortunately for me (and maybe for you),  the film will be shown on KNME, Channel 5.1 on Thursday, May 18 at 7:00 p.m.

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10th Circuit rejects UNM student’s First Amendment claim over anti-lesbian essay

At the end of March, the Tenth Circuit rejected a student’s claim that the University of New Mexico and two of its employees violated her First Amendment rights by actions they took in response to an essay she wrote criticizing lesbianism.

The opinion is Pompeo v. Board of Regents of the University of New Mexico, written by Judge Lucero. I previously wrote about this case here.

Although now-Justice Neil Gorsuch was on the panel for this case, he did not attend the oral argument, nor did he participate in writing the decision.


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New Mexico’s own Judge Harris Hartz on Justice Gorsuch

In this article by Zoe Tillman of Buzzfeed, Tenth Circuit Judge Harris Hartz of New Mexico discusses Justice Neil Gorsuch and defends his record.

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Above the Law interviews New Mexico’s chief disciplinary counsel

While this blog was having technical problems, last month David Lat of Above the Law conducted this interview with William Slease, chief disciplinary counsel for the New Mexico Supreme Court, who also serves as present of the National Organization of Bar Counsel.

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Programming Note

I apologize that I haven’t posted anything here in over a month. Over the past few weeks I’ve been experiencing technical difficulties which have caused the blog to be down entirely from time to time, and which have prevented me from posting anything.

After much work on these problems, it looks like they are fixed, and I plan to begin posting here regularly soon.

Thanks for your patience!

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The investiture ceremony for Judge Henry Bohnhoff of the NM Court of Appeals will be held on March 20

An investiture ceremony for the newest member of the New Mexico Court of Appeals, Judge Henry “Hank” M. Bohnhoff, will be held on Monday, March 20, at 4:30 p.m. at the New Mexico Court of Appeals in Albuquerque.

Of course, the event is open to all. A reception will follow at Hotel Andaluz.

I hope to see you there!

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