OPINION: Litigious oilman stakes a claim on abortion law

Nov. 30—Larry Marker keeps cropping up in news stories. His causes are many. His targets often are politicians and public agencies.

Larry Marker is not to be confused with Larry Barker, the famous investigative television reporter in Albuquerque.

About to turn 59, Marker describes himself as an endangered species. He's an independent oil and gas producer in New Mexico, a small operator in a land of giant competitors and mighty government bureaucracies. Marker is quick to defend himself against enemies by filing lawsuits, always representing himself.

"I'm probably a better pro se than most lawyers are lawyer," he says immodestly.

Marker once sued the Bureau of Land Management in a dispute over wells he owns and operates on federal property. He asked for $22 million in damages. A federal magistrate threw out the case, saying he had no jurisdiction and, besides, Marker had not exhausted possible administrative remedies.

Marker was back in court this month on a matter unrelated to his business interests. Independent politically, Marker and two Republicans are suing Democratic Gov. Michelle Lujan Grisham and Democratic Attorney General Hector Balderas over the repeal of New Mexico's 1969 anti-abortion law.

The Democrat-dominated state Legislature voted for the repeal, and Lujan Grisham in 2021 signed the measure. The U.S. Supreme Court later overturned Roe v. Wade, the decision that had legalized abortion nationwide for 49 years.

Marker says the demise of both the state law and the landmark court ruling left him with an inescapable conclusion. "Simply stated, no law, act or statute exists that allows for or legalizes abortion procedures in the state of New Mexico," he wrote in his lawsuit.

Joining him in the suit are state Sen. David Gallegos, R-Eunice, and Ethel Maharg, who ran for governor this year on an anti-abortion platform. Maharg finished last in the five-way Republican primary.

Marker's many opponents say his lawsuit has no merit. They include lawyers for Lujan Grisham and Balderas, plus the ACLU and other organizations that oppose government regulation of pregnant women.

The governor's camp wants state District Judge Jared Kallunki of Roswell to dismiss Marker's lawsuit. Kallunki heard motions last week, then scheduled another hearing for Jan. 3.

Marker believes he has logic on his side. "What we have now is a free-for-all. The rights of the baby are not considered, and there is no protection for doctors [who don't want to perform abortions] or for women who are victims of coercion to have an abortion."

Marker previously tried a different tactic to overturn the Legislature's repeal of the 1969 anti-abortion law. He hoped to subject that decision to a vote of the people through a petition drive. Operating without a lawyer, his proposed ballot issue was rejected by the staff of Secretary of State Maggie Toulouse Oliver, a Democrat.

Even if Marker had received clearance to proceed with his initiative, he would have needed about 225,000 petition signatures to make the ballot. That's a staggering task for a well-oiled political machine, an impossible one for an underfunded oilman who would break from the Republican Party.

Marker wanted to run for state land commissioner as a Republican. He says an elected GOP official advised him to stand down in favor of Jefferson Byrd, who became the Republican nominee.

"I have issues with the Republican Party. I think they're gutless," Marker said.

He became an independent. To qualify for the ballot, Marker needed more than 14,000 valid signatures. He readily admits his petitions were a mess, tainted by incomplete identifications and many other flaws.

He couldn't correct his petitions and meet the filing deadline. Marker instead proceeded with a write-in campaign for land commissioner.

The incumbent, Democrat Stephanie Garcia Richard, won reelection with 379,000 votes. Byrd received 310,000. Marker had 3,950 votes, according to the secretary of state's tabulation. Marker says he was hogtied because ballots contained no designated space for voters to write in his name.

Beaten at the polls, he's returned his attention to his lawsuit to clarify abortion law. Marker speaks of abortion being used as birth control, a problem he says is not addressed adequately.

He nonetheless welcomes a forthcoming bill by state Sen. Linda Lopez, D- Albuquerque, who hopes to codify "legal, safe and accessible" abortions. She has a good chance to succeed.

Democrats control both chambers of the Legislature, and only a handful are likely to defect when Republicans attempt to defeat Lopez's bill.

Marker views the legislation as a valuable starting point, as it creates the opportunity for amendments and challenges.

He's no lawyer and he doesn't play one on television. As a pro se litigant, he knows his way around a courtroom. Just ask him.

Ringside Seat is an opinion column about people, politics and news. Contact Milan Simonich at msimonich@sfnewmexican.com or 505-986-3080.