Judge Dismisses Challenge to New Mexico’s Universal Childcare Program

A New Mexico judge has dismissed a lawsuit challenging the state’s universal childcare program, allowing the initiative to continue. The legal action was brought by former Republican gubernatorial candidate Duke Rodriguez and others, questioning the methods used by Governor Michelle Lujan Grisham’s administration. The challenge focused on the removal of an income cap and co-pays for childcare assistance without prior legislative approval.

However, attorneys for Governor Lujan Grisham argued that the state legislature had later approved and funded the program’s expansion, making the lawsuit irrelevant. District Judge Elaine Lujan agreed with this view and dismissed the case, stating that Rodriguez and his co-plaintiffs lacked standing to sue. Rodriguez’s attorneys plan to appeal the decision.

Attorney Jacob Candelaria, representing the plaintiffs, expressed concerns that the governor was overstepping by bypassing the legislature in establishing the program. He emphasized the importance of respecting the separation of powers. Meanwhile, the governor’s chief general counsel, Holly Agajanian, argued that this was not a constitutional crisis but rather a policy disagreement.

Governor Lujan Grisham praised the court ruling, emphasizing that New Mexico families can plan their finances and careers with the assurance that universal childcare will continue. This program positions New Mexico as the first U.S. state covering daycare costs for all families, provided certain conditions are met.

The initiative is largely funded by state oil and gas revenues and aims to ease financial burdens on families. However, its sustainability has been questioned with legislative analysts noting overspending shortly after the program’s expansion. In response, state regulators have proposed new rules to ensure the program’s long-term viability, including potential copayments for higher-income families if financial conditions change significantly.