SMU Dedman School of Law professor Joanna L. Grossman and Stanford Law professor emeritus Lawrence M. Friedman discuss the New Mexico Supreme Court’s decision to abolish the tort of alienation of affections, joining the vast majority of states that no longer allow lawsuits seeking compensation for a third party’s role in ending a marriage. Professors Grossman and Friedman argue that this centuries-old cause of action, part of a cluster of “heartbalm” torts, is inherently dehumanizing and based on archaic notions that treat spouses (particularly wives) as property without agency, and is incompatible with modern legal developments like no-fault divorce and contemporary understandings of gender relations and individual autonomy.

UC Davis Law professor Vikram David Amar discusses the ongoing legal battle over congressional redistricting in New Mexico, where Republicans have filed a lawsuit claiming that new district maps favor Democrats and violate the state constitution. Professor Amar emphasizes the importance for the New Mexico state courts to clearly base their rulings on the state constitution rather than the federal Constitution, and to justify their decisions more explicitly so as to demonstrate greater legitimacy.