New Mexico Judge Dismisses Lawsuit, Upholds Universal Childcare Program

A New Mexico judge recently dismissed a lawsuit against the state’s universal childcare program, ensuring that the initiative continues as planned. The legal challenge, presented by former Republican gubernatorial candidate Duke Rodriguez and other plaintiffs, questioned the method used by Democratic Governor Michelle Lujan Grisham to expand childcare assistance without legislative approval.

The plaintiffs raised concerns over the process of removing income caps and copays before legislative input, but attorneys representing Governor Lujan Grisham argued that subsequent legislative support and funding made the lawsuit irrelevant. District Judge Elaine Lujan agreed, dismissing the case and maintaining that the plaintiffs lacked standing.

Following the dismissal, Rodriguez’s attorneys announced plans to appeal. They argued that the Governor’s actions bypassed legislative authority. Meanwhile, Governor Lujan Grisham praised the court decision, emphasizing the program’s legality and its importance to New Mexico families. She assured residents that they could continue to rely on free childcare services.

This outcome solidifies New Mexico’s role as a pioneer in offering universal childcare, covering daycare costs for all families, assuming parents meet certain work or educational criteria. The program is closely observed nationwide as a model for reducing family expenses and bolstering public childcare investment.

During the court hearing, attorney Jacob Candelaria, representing the plaintiffs, accused the Governor of undermining the separation of powers. However, Holly Agajanian, chief general counsel for the Governor, argued that the lawsuit was an attempt to challenge policy rather than address a constitutional issue.

The program, codified into law in February contingent upon healthy state finances, is funded largely by oil and gas production revenue. Initially, it waived costs for families earning up to 400% of the federal poverty level, equivalent to about $132,000 per year for a family of four. Despite expansion, legislative analysts have expressed concerns about its financial sustainability, noting early overspending by the state’s Early Childhood Education and Care Department.

Recently, the state agency proposed new regulations to ensure the program’s longevity. These include potential copayments for higher-income families, especially if oil prices fall or if the demand for free childcare exceeds state forecasts.