The Military Spouse J.D. Network (MSJDN) is closely monitoring the U.S. Department of Justice’s lawsuit against the New Mexico Supreme Court and New Mexico Board of Bar Examiners concerning the application of the Servicemembers Civil Relief Act (SCRA) to attorney licensing.

The case, United States v. New Mexico Supreme Court and New Mexico Board of Bar Examiners, centers on Section 4025a of the SCRA, which provides qualifying servicemembers and military spouses with a federal right to portability of covered professional licenses when they relocate due to military orders. Congress amended the law in December 2024 to remove the prior exclusion of law licenses.

On August 14, 2026, both the New Mexico Supreme Court and the New Mexico Board of Bar Examiners filed motions asking the federal district court to dismiss the case. Both defendants argue, among other things, that they do not meet the SCRA’s definition of a “licensing authority” and therefore are not subject to the statute’s license portability requirements. The New Mexico Supreme Court also argues that DOJ has not adequately alleged a pattern or practice of SCRA violations or established the statutory basis for DOJ to bring the action.

On August 28, DOJ filed oppositions to both motions. DOJ argues that the New Mexico Supreme Court is a licensing authority subject to Section 4025a and that the Board, as an entity acting on behalf of the Supreme Court in administering attorney admissions, is likewise subject to the statute. DOJ further argues that dismissing the case based on the defendants’ interpretation of “licensing authority” could effectively eliminate the federal right to attorney license portability for qualifying servicemembers and military spouses.

The motions also raise questions about the scope of state authority over attorney licensing, the role of character and fitness requirements, and DOJ’s authority to bring the lawsuit. DOJ has opposed the defendants’ arguments and asked the court to allow the case to proceed.

MSJDN will continue to closely monitor this litigation and its potential implications for military-connected attorneys nationwide. The case could provide important guidance regarding the implementation of the SCRA’s attorney licensing portability protections and the ability of military spouse attorneys to continue their legal careers after a military-driven relocation.

Hear From MSJDN’s Policy & Advocacy Committee

For a closer look at the motions to dismiss and DOJ’s responses, watch Lauren Scribner, Vice Chair of MSJDN’s Policy & Advocacy Committee, explain at the link below:  https://msjdn.org/wp-content/uploads/2026/09/L.-Scribner-MTD-update-on-DOJ-v-NM.mov