89.9 FM Live From The University Of New Mexico
Play Live Radio
Next Up:
0:00
0:00
0:00 0:00
Available On Air Stations

MON: Justice Amy Coney Barrett talks about the Supreme Court as dozens protest outside theater, + More

People hold signs protesting Supreme Court Justice Amy Coney Barrett's appearance at the Lensic Performing Arts Center on Sunday.
Jessica Baca
/
Albuquerque Journal
People hold signs protesting Supreme Court Justice Amy Coney Barrett's appearance at the Lensic Performing Arts Center on Sunday.

Justice Amy Coney Barrett talks about the Supreme Court as dozens protest outside theater - Gregory R.C. Hasman, Albuquerque Journal 

Hundreds of people came to The Lensic Performing Arts Center on Sunday — some to judge and others to hear from a judge.

Supreme Court Justice Amy Coney Barrett was in Santa Fe to speak about the court and the Constitution during a roughly 75-minute event that was put on by the University of New Mexico School of Law and St. John’s College. Barrett discussed her book, "Listening to the Law: Reflections on the Court and Constitution.” In it, she talks about her journey to the Supreme Court, the workings of the court and her approach to her role and interpretation of the law, including the Constitution, which she referred to as a “multigenerational document.”

“And one of the themes of the book is that we don’t stand in a moment that’s isolated from the past,” she said. “The Constitution has been amended 27 times. … But each generation has taken the Constitution, made it its own, built on the work of other generations before it.”

Barrett said she got the idea to write the book after receiving the same questions from people about the Supreme Court and her role as a justice.

“I can’t talk to everyone who comes through the court or answer every single letter in detail, but I could write a book that explains the Constitution and the law and the court, and in that way, could invite people in. It’s for both lawyers and nonlawyers alike.”

Barrett was asked if she dreamt of becoming a Supreme Court justice.

“One of the law clerks of another justice asked me that the other day, and I said, ‘Do you mean when I was a little girl did I dream that people would call me a religious zealot, an embarrassment?’ Just teasing,” Barrett said. “No, I did not think of being a judge or a justice as a life ambition. … It’s like lightning striking anyway. It’s not something you can really plan for.”

She later discussed important traits for a judge to have, which include having good judgment, legal skill and writing ability.

“You want the judge to have what we call the ‘judicial temperament,’ which would (mean being) respectful to colleagues, to staff, to the lawyers arguing before the court and all of that,” Barrett said. “But I think one that I’ve really grown to appreciate is that, I think, you want a judge of strong character because I think you need to have a judge that can withstand pressure from the outside and make decisions that are truly what the judge, in her best judgment, thinks are what the law requires without regard to the pushback or the disappointment that you might get.

“And the thing about the law and the thing about being a judge is you are going to disappoint one side. That’s the nature of the enterprise.”

Barrett added: “There are many people in the country that are intensely interested in (any given) case. And if you can’t steel yourself to tuning out what’s happening outside, and you can’t steel yourself to following the law where it leads, regardless of whether it earns you enemies, well then you’re not a good judge.”

As Barrett spoke, dozens of people stood outside the arts center to voice their displeasure at her appearance. Many protested her appearance because she voted to overturn Roe v. Wade in the 2022 case, Dobbs v. Jackson’s Women’s Health Organization, that was decided in a 5-4 vote. The ruling has led to abortion bans in many states.

Among the protesters was Santa Fe resident Carol Norris, who held a sign that read, "Pro-choice Santa Fe says: Keep Roe-Roe-Roeing Right Outta our Town, Amy."

“Amy Coney Barrett has taken away so many rights in this country, a woman’s right to choose and (we want) her to know that we’re paying attention,” Norris said.

Toward the end of the discussion, Barrett was asked if her service to the court was “consistent with your Catholic faith and what’s God’s love for all people around the globe?”

“I don’t think of my faith as coloring my job at all,” she said. “And so, I’ve always been very clear about that. I don’t take my faith to work in the sense that I, you know, pray about (how) a decision should be decided, or I, you know, call up, you know, the Pope on the phone. … The First Amendment grants everybody the freedom to have whatever religion they choose, or (no) religion at all. And so, I see it as antithetical to what my job would be to try in any way to impose my faith on other people, or conceive of my job as part of, you know, a mission of my faith.”

In her book, Barrett said the success of the court rides on the ability to disagree respectfully.

“I think the way that debates often proceed nowadays is a winner-take-all, like ‘I have my ideas and I am right and I am going to ground the other side,’” she said during Sunday’s event. “We can’t live that way. We can’t govern ourselves that way. … There’s always going to be give-and-take and I think the way to have that, the way to have that collegiality and respect for people who disagree with you is to be able to know them as people.”

Pentagon and FAA agree to conduct anti-drone laser tests in New Mexico - By Jaimie Ding, Associated Press

The Pentagon and the Federal Aviation Administration agreed to conduct anti-drone laser tests in New Mexico after the military's deployment of the lasers led the FAA to suddenly close airspace in Texas twice in the last month.

The newly announced testing was being carried out to "specifically address FAA safety concerns," the military said Friday in a statement. It was to take place Saturday and Sunday at the White Sands Missile Range in New Mexico.

Lawmakers were concerned about an apparent lack of coordination after the Pentagon allowed U.S. Customs and Border Protection to use an anti-drone laser in early February without notifying the FAA. The federal agency that ensures safety in the skies decided to close the airspace over El Paso for a few hours, stranding many travelers.

The Trump administration said it was working to halt an incursion by Mexican cartel drones, which are not uncommon along the southern border.

On Feb. 26 the U.S. military used the laser to shoot down a "seemingly threatening" drone flying near the U.S.-Mexico border. It turned out the drone belonged to Customs and Border Protection, lawmakers said.

The incident led the FAA to close the airspace around Fort Hancock, about 50 miles (80 kilometers) southeast of El Paso.

"We appreciate the coordination with the Department of War to help ensure public safety," the FAA said of the testing, in a separate statement. "The FAA and DOW are working with interagency partners to address emerging threats posed by unmanned aircraft systems while maintaining the safety of the National Airspace System."

The military is required to formally notify the FAA when it takes any counter-drone action inside U.S. airspace.

Illinois Democratic Sen. Tammy Duckworth, the ranking member on the Senate's Aviation Subcommittee, called previously for an independent investigation after the two February incidents.

Meta CEO caps four weeks of state testimony - Olivier Uyttebrouck, Albuquerque Journal 

New Mexico rested its case against Meta last week by showing video testimony of the company's CEO, Mark Zuckerberg, in the state’s effort to convince jurors that the digital giant fails to protect children from sexual exploitation.

The parent company of Instagram and Facebook began offering its own expert witnesses last week after nearly four weeks of state testimony from nearly two dozen witnesses before a jury in Santa Fe.

New Mexico Attorney General Raúl Torrez filed the suit against Meta Platforms and Zuckerberg in 2023, alleging the parent company of Facebook, Instagram and WhatsApp failed to protect children from sexual abuse, online solicitation and human trafficking.

The trial in 1st Judicial District Court is scheduled through March 27 before Judge Bryan Biedscheid.

During some two hours of recorded testimony, New Mexico’s attorneys quizzed Zuckerberg about many of Meta's internal reports and emails that prosecutors have offered as evidence since the trial began Feb. 9.

New Mexico’s legal challenge differs from thousands of other lawsuits filed against social media companies across the country by focusing on what the lawsuit argues is Meta’s failure to protect young people from sexual exploitation.

The lawsuit alleges that Meta “knowingly exposes children to the twin dangers of sexual exploitation and mental health harm.”

Time and again, Zuckerberg responded that he was unfamiliar with the contents of the reports and its authors and often disagreed with their findings. He also said the company has revised its goals and policies in response to problems reported by users.

"Our goal is not to build something that people use in ways that they don't want," he said. "We want to build something that's valuable for people to communicate and stay in touch with people they care about."

Zuckerberg's testimony, recorded last year, aligns with the message Meta attorneys expressed in opening statements — that Meta has created strong tools and policies to protect young users from sexual predators and purge harmful content from its platforms.

Ken Huff, a Meta attorney, told jurors that the company designs its apps to be "fun and entertaining, not to harm teens in New Mexico."

Previn Warren, an attorney for New Mexico, asked Zuckerberg if he understood the meaning of "problematic use" of social media platforms.

"My understanding of it is when people use our apps more than they would like to be using them," Zuckerberg said. But he denied that Meta platforms can be addictive and steadfastly avoided use of the word.

"That's not what we're trying to do with the products and it's not how I think they work," he said.

Donald Migliori, an attorney for the state, said in opening statements that the state would offer internal Meta documents that contrast sharply with the company’s public statements about youth safety. He alleged that Meta places particular value on teens and preteens because they remain engaged for longer periods, increasing the company's advertising revenue.

Warren asked Zuckerberg if Meta set goals to increase the amount of time teenagers spend on the company's platforms as some internal company documents have indicated.

"Maybe in the past," Zuckerberg responded. "At this point, our practice is not to give teams goals to specifically optimize or increase time spent." He also said that more time spent on the platform may indicate that people find it useful.

"If we build something that's useful and therefore people want to use it more, I don't think that's bad," he said. "That's good, right?"

Warren also asked Zuckerberg if he was aware that Meta's own research found that Instagram and Facebook features were designed "to provide a dopamine rush" to increase the time teenagers spend on the apps.

"I don't think so," Zuckerberg said. "I don't. I think that you're talking about specific studies that I don't think kind of convey the consensus view of how we felt." And not all Meta studies reached those conclusions, he said.

"I think probably problematic use is one of the topics that we study and talked about publicly, and I think we probably published research on it," he said.

A Meta witness, Mary Wirth, an expert in child sexual abuse investigations and technology, told jurors that Meta does a better job than any other social media firm to police its platforms for sexually explicit content.

Meta consistently reports child sexual abuse content to law enforcement and nonprofits, including the National Center for Missing and Exploited Children, Wirth testified.

Gov. Lujan Grisham signs stricter water fees, water projects into law Danielle Prokop, Source New Mexico

Gov. Michelle Lujan Grisham recently signed into law two bills related to water, including an update of the state’s fees for water violations — the first in 120 years — and approved just over $522 million loans for projects in 75 water systems across New Mexico.

House Bill 111 increases the maximum penalty for water code violations to $3,400 per day, up from the $100 per day penalty that was adopted in 1907. Additionally, the bill allows the New Mexico Office of the State Engineer more power to deter illegal well-drilling, which has increased to about 40 to 50 cases annually in recent years, according to the agency.

“The passage of HB 111 is a landmark step in protecting New Mexico’s water future,” State Engineer Elizabeth Anderson said in a statement. “For too long, our enforcement tools have lagged behind the realities of modern water scarcity. This legislation brings our penalty structure into the 21st century and ensures that illegal water use carries real consequences.”

Rep. Kristina Ortez (D-Taos), one of HB111’s bipartisan sponsors, thanked the governor in a statement, noting the bill will crack down on the sale of illegally diverted water.

“This bill modernizes New Mexico’s water enforcement by replacing ultra-weak 1907-era penalties that don’t do much to deter illegal water use,” Ortez wrote in a statement to Source NM. “Water laws only work if they can be enforced, and this bipartisan bill makes clear that breaking the law can no longer be cheaper than following it.”

The law will go into effect on May 20.

Additionally, Lujan Grisham signed off on the Legislature’s list of 113 projects from 75 local and tribal water systems around the state estimated to cost about $522 million. House Bill 63 authorizes the New Mexico Department of Finance and Administration to grant low or no-interest loans to water systems under the Water Project Fund, but requires approval first by lawmakers.

Some of the projects approved this year include flood prevention in Sunland Park following devastating monsoons, and drinking water upgrades in Ruidoso following impacts from the fires and flooding over the past two summers.

HB63, which had an emergency clause, went into effect upon Lujan Grisham’s March 5 signature.

New Mexico governor signs suite of health care bills, including medical malpractice reform, into law Joshua Bowling, Source New Mexico

New Mexico Gov. Michelle Lujan Grisham on Friday morning signed medical malpractice reform and three other bills aimed at boosting health care affordability, prohibiting certain facility fees and supporting hospitals that honor Medicaid into law.

Lujan Grisham joined a bipartisan coalition of lawmakers at the construction site of the forthcoming 15-bed Valencia County hospital in Los Lunas to sign the legislation. The state has pledged $50 million toward the hospital, which is expected to open later this year. Lujan Grisham praised lawmakers for their “herculean” efforts to put a cap on punitive damages that arise from medical malpractice claims and said she believes the legislation is a key step toward remedying New Mexico’s physician shortage.

“This was an incredible herculean lift because you want to protect patients, but we have to change the climate of practice,” she said. “We can’t make New Mexico the No. 1 place to move and raise and grow a family if you are waiting more than a year to see a primary care doctor.”

At the halfway point of the legislative session, Lujan Grisham signed a bill into law to make it easier for out-of-state licensed medical professionals to move to and practice in New Mexico. Several similar pieces of legislation focused on licensed professionals in other fields did not make it to the governor’s desk, though. Lujan Grisham, whose final term as governor ends at the end of the year, told reporters on Friday that if “legislators are interested in doing a little more work in the next nine months, I’m interested.”

House Bill 99, the medical malpractice reform bill, stood among the most closely watched pieces of legislation during the recent 30-day session. Rep. Christine Chandler (D-Los Alamos), who championed the bill, said at Friday’s bill signing that she believes it represents a “balanced approach” and a “reasonable compromise” to limiting the dollar amounts juries can award for malpractice cases while making sure families still have recourse.

A proposed amendment that would have exempted corporate-owned hospitals from caps on punitive damages briefly threatened to derail the legislation.

“Today represents something we don’t see nearly enough, and that is true, bipartisan consensus,” Sen. Crystal Brantley (R-Elephant Butte) said during the bill signing, adding that she was proud of her colleagues who voted against the amendment, which she called a “hijacking by special interest groups.”

New Mexico Safety Over Profit, an organization that advocates for health care policy, in a statement Friday lamented many of HB99’s key elements, including the cap on punitive damages for corporate-owned hospitals.

“We came to this session hopeful lawmakers would pursue proven solutions to recruit and retain healthcare professionals. Instead, corporations and their shareholders walk away with a victory and the system will now place tighter boundaries on the support available to help families rebuild their lives after preventable harm,” Executive Director Johana Bencomo said in a statement.

House Bill 4 increases funding to the state’s Health Care Affordability Fund. During the recent legislative session, supporters said the bill would protect New Mexicans who rely on Medicaid in the event of federal cuts. New Mexico has the highest per-capita enrollment in Medicaid in the nation.

House Bill 306 bans hospitals from directly charging patients for “facility fees” after receiving preventive outpatient care, outpatient vaccinations or telehealth services. Hospitals can still charge facility fees for inpatient and emergency care, though.

The Legislature’s 30-day sessions typically focus solely on budgetary issues. Lujan Grisham in January permitted lawmakers to tackle this wide range of health care issues — as well as other legislative efforts regarding public safety and water security.

After presenting the package of health care legislation outside the Valencia County hospital construction site, she told the lawmakers gathered at her table that this “in fact was a health care session.”

Although not at the bill signing ceremony, Lujan Grisham also signed six other health care-related bills into law Friday.

  • House Bill 38, which requires insurers to pay for wheelchairs that can be used for recreation and exercise
  • House Bill 34, which clarifies licensing requirements for school nurses
  • House Bill 156, which gives state health officials control over vaccination recommendations
  • Senate Bill 20, which prohibits prior authorization for certain prescription drugs
  • Senate Bill 21, which requires open enrollment periods for Medicare supplement policies
  • Senate Bill 30, which repeals a requirement for providers to report induced abortions

One dead, another injured in plane crash at Los Altos Golf Course Nakayla McClelland, Albuquerque Journal

A small aircraft crashed into Los Altos Golf Course while attempting to make an emergency landing Friday, leaving one person dead and another injured, authorities say.

Albuquerque Fire Rescue was dispatched to the scene, near Eubank and Interstate 40, at 11:39 a.m. and found a “small prop plane with two people stuck inside,” according to a news release.

The two people were extricated and transported to University of New Mexico Hospital in “code 3” condition, meaning it was a high-priority emergency response. One person died and the other is in critical condition, according to a Facebook post Friday by New Mexico State Police. Authorities did not release their names.

The single-engine Cessna 400 plane crashed on the golf course while attempting an emergency landing, State Police said. AFR said it is not clear what forced the plane down, but New Mexico State Police, the Albuquerque Police Department and other agencies are investigating.

The Federal Aviation Administration website states the plane was registered in Wichita, Kansas, under the name COL4 Training LLC. A flight log shows the plane’s final destination was Scottsdale, Arizona.

The aircraft left from Wichita Dwight D. Eisenhower National Airport early Friday morning, according to a statement from the airport.

“We are coordinating closely with local authorities and emergency responders,” the airport wrote. “Our thoughts and prayers are with those impacted.”

NM Gov. Lujan Grisham signs 48 bills from recent legislative session Patrick Lohmann, Source New Mexico

New Mexico Gov. Michelle Lujan Grisham this week signed a flurry of bills that lawmakers sent to her desk during the recent legislative session, including measures related to health care, law enforcement’s use of automatic license plate reader data, water and more.

Including the health-related bills the governor signed Friday, Lujan Grisham has now signed 48 of the 74 bills the Legislature approved during the 30-day legislative session that ended Feb. 19.

One bill she signed Wednesday, Senate Bill 40, restricts New Mexico law enforcement’s sharing of information collected by high-tech cameras that vacuum up location, license plate and other data from vehicles driving on public roads.

The Driver Privacy and Security Act prohibits automatic license plate reader data from being used in investigations into “protected health care activities,” like seeking gender-affirming or abortion care. The bill also prohibits data from being used to investigate participation in political rallies, and it can’t be used for investigations into a driver’s immigration status, which immigrant advocacy groups said is necessary amid a federal mass deportation push.

“New Mexico should be able to drive safely and with peace of mind, without fear that their personal data will be collected or sold to monitor, criminalize, or target them,” said Fabiola Landeros, an organizer with El Centro de Igualdad y Derechos, an immigrant advocacy group, in a statement Friday to Source NM. “This is a tangible victory for our working communities, who rely on their cars to get to work, take their children to school, and care for their families.”

On Thursday, the governor also signed Senate Bill 152, the Low-Income Telecommunications Assistance Program, which appropriates $10 million to help low-income families afford broadband service. The bill could eventually allow up to $45 million to provide additional subsidies to more than 100,000 families, according to the New Mexico Office of Broadband Access and Expansion .

“The governor’s signature ensures that tens of thousands of New Mexicans will now be able to afford high-speed internet,” Jeff Lopez, the office’s director, said in a statement Friday.

Five of the bills the governor signed this week relate to water and the environment, according to a news release Friday from her office. Two relate to infrastructure; four to economic development; four to education; and nine to public safety.

Four of the bills the governor signed this week will go into effect immediately because the bills contain “emergency clauses,” including two water bills, one education bill and a bill that tweaks property tax discounts for disabled veterans. 

The governor has until March 11 to sign remaining bills, including the $11.1 billion budget bill. The ones she doesn’t sign by then are effectively vetoed.

Memorials and resolutions

In addition to new laws, one or both chambers of the Legislature also passed a total of 53 memorials and resolutions during the 30-day session.

Those measures are separate from bills, don’t have the force of law and don’t require action from the governor. They often enable studies, express the Legislature’s opinion or otherwise make a call for action.

Two high-profile examples of those measures this session include House Resolution 1, which created an investigatory subcommission investigating Jeffrey Epstein’s activities in New Mexico, and House Joint Resolution 5, which will allow voters to decide this November whether New Mexico lawmakers should receive a salary.

Others arguably have lower-stakes, including one that establishes Feb. 4 of each year as “Lincoln County Day” and another that creates a workshop to study New Mexico insects.

The Secretary of State’s Office is in the process of publishing those memorials to its website here.