Lower federal courts have no say. It's a state matter up to the supreme court of NM, and then maybe SCOTUS. But also regardless, QI is an extension of sovereig

Lower federal courts have no say. It's a state matter up to the supreme court of NM, and then maybe SCOTUS. But also regardless, QI is an extension of sovereign immunity. Therefore, the legislature is free to waive it by statue. That's what NM has done. It's not saying QI doesn't exist, it's that this state waives its privileges.