State v. Druktenis1/30/2004
Justices will not strike the law so long as it is conceivable that the classification might promote a legitimate governmental interest.").
Our Supreme Court cited McGowan when discussing the rational basis test. See Trujillo III, 1998-NMSC-031, 14; Richardson, 107 N.M. at 693, 763 P.2d at 1158. Indeed, in distinguishing between intermediate and rational basis scrutiny, the Court in Richardson stated that "under rational basis the party objecting to the legislative classification has the burden of demonstrating that the classification bears no rational relationship to a conceivable legislative purpose." Id. at 695, 763 P.2d at 1160. This Court cited Beach Communications in regard to the presumption of statutory validity. Pinnell, 1999-NMCA-074, 29, 31. Furthermore, our Supreme Court has stated that to prove a legislative act unconstitutional under rational basis scrutiny, a party must "demonstrate that the challenged legislation is clearly arbitrary and unreasonable, not just that it is possibly so." Richardson, 107 N.M. at 693, 763 P.2d at 1158; see Rotunda & Nowak, supra, ยง 18.3, at 232 ("While some laws may fail [the rational basis scrutiny] test, in instances where a legislative entity has chosen to treat a classification of persons in a wholly arbitrary and invidious manner, there will be no independent judicial review of the factual basis for legislative decision making under this standard.").
In addition, it is well settled in New Mexico that the courts "will not question the wisdom, policy, or justness of legislation enacted by our Legislature." Madrid v. St. Joseph Hosp., 1996-NMSC-064, 10, 122 N.M. 524, 928 P.2d 250; Espanola Hous. Auth. v. Atencio, 90 N.M. 787, 788, 568 P.2d 1233, 1234 (1977) (same); State ex rel. Hughes v. Cleveland, 47 N.M. 230, 241, 141 P.2d 192, 199 (1943) (stating that in the exercise of its police power "it was for the Legislature to appraise the danger apprehended and to move to meet it," and that " ithin constitutional bounds, the propriety, wisdom, necessity, utility and expediency of legislation are matters for its determination"). "It is but a decent respect due to the wisdom the integrity . . . of the legislative body by which any law is passed, to presume in favor of its validity, until its violation of the Constitution is proved beyond all reasonable doubt." State ex rel. Lucero v. Marron, 17 N.M. 304, 313, 128 P. 485, 488 (1912) (internal quotation marks and citation omitted). "A particular law is not rendered unreasonable or unconstitutional merely because its results are sometimes harsh." Cummings, 1996-NMSC-035, 38.
Along the same lines, " determination of what is reasonably necessary for the preservation of the public health, safety and welfare of the general public is a legislative function and should not be interfered with, save in a clear case of abuse." State v. Collins, 61 N.M. 184, 187, 297 P.2d 325, 327 (1956) (giving great weight and indulging every presumption in favor of validity of a statute through which the Legislature exercised its police power to safeguard the health, safety, and welfare of the public); Sinks, 106 N.M. at 217, 741 P.2d at 440 (holding State's interest in regulating pyramid scheme valid and in conformity with the State's primary obligation to protect the safety and welfare of the public, and concluding that "any infringement on first amendment rights is both negligible and subordinate").
Finally, adding to the deference we give to legislative action, our case law firmly lays down the rule that the Legislature has broad discretion in determining necessary measures for the protection of the public. See State v. Spears, 57 N.M. 400, 410, 259 P.2d 356, 363 (1953) (stating, in
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