The intent of the New Mexico Military Code and all laws and regulations of the state affecting the military forces is to reasonably conform to all laws and regulations of the United States affecting the same subjects, except as otherwise expressly provided with respect to military justice.
History: 1978 Comp., § 20-1-2, enacted by Laws 1987, ch. 318, § 2.
Repeals and reenactments. — Laws 1987, Chapter 318 repealed former 20-1-2 NMSA 1978, as amended by Laws 1977, ch. 258, § 11, relating to the adjutant general as director, and enacted a new section, effective April 10, 1987.
Sovereign immunity barred USERRA claim against the state. — Article I, Section 8, Clause 11 of the United States Constitution, known as the war powers clause, does not authorize congress to subject the state to private suits for damages in state courts pursuant to the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. §§ 4301 to 4335, absent the state's consent and the legislature has not waived the state's constitutional immunity to private USERRA suits for damages. Ramirez v. State ex rel. CYFD, 2014-NMCA-057, cert. granted, 2014-NMCERT-005.
Where plaintiff, who was a member of the New Mexico national guard, was employed by the department; plaintiff was deployed to Iraq; upon plaintiff's return from active duty, plaintiff was reemployed by the department in plaintiff's previous position; plaintiff's working relations with plaintiff's supervisors deteriorated and plaintiff's employment was terminated; and filed a suit under Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. §§ 4301 to 4335, alleging that the department discriminated against plaintiff and terminated plaintiff because of plaintiff's military service, plaintiff's claim was barred by state sovereign immunity. Ramirez v. State ex rel. CYFD, 2014-NMCA-057, cert. granted, 2014-NMCERT-005.
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