The legal battle over one of New Mexico’s most ambitious social programs ended Thursday with a clear win for parents who rely on free child care. A state district judge dismissed a lawsuit challenging the state’s Universal Child Care Program, paving the way for the benefit to continue serving families regardless of income. The decision is also a major political and policy win for Governor Michelle Lujan Grisham.
The ruling by Second Judicial District Judge Elaine Lujan preserved a flagship of the governor’s effort to help reduce the financial strain of raising children in a state where many families are facing steep child care costs.
Duke Rodriguez, a former Republican candidate for governor, filed the lawsuit arguing that Ms. Lujan Grisham had overstepped by expanding access to free child care through an executive order last year. Rodriguez’s attorneys contended that taxpayer funds could not legally be used for such a broad program launched without explicit legislative approval.
Earlier this year, the court ordered the Governor’s Office either to stop the program or to show why it should stay. The administration chose to defend the initiative in a public hearing.
By the time the case reached that stage, however, the regulatory environment had shifted. Attorneys representing the governor pointed out that state lawmakers had since approved and funded the child care initiative through the legislative process. The governor’s lawyers argued the lawmakers’ action had rendered Rodriguez’s constitutional objections moot. Judge Lujan agreed. She dismissed the lawsuit and allowed the program to continue uninterrupted.
In a statement posted on social media after the decision, Ms. Lujan Grisham sharply criticized the lawsuit. “Today, Second Judicial District Judge Elaine Lujan dismissed a frivolous challenge to New Mexico’s universal child care program,” the governor wrote. “This program is lawful, and it will continue to serve New Mexico families.”
She added that the legal challenge had caused unnecessary concern among parents who rely on the benefit. “New Mexicans deserved better than a lawsuit that put them through weeks of unnecessary anxiety over a program they count on,” she said. “The judge’s ruling makes it clear: New Mexicans can plan their families, finances and careers with the confidence that universal child care is here to stay.”
The case represents broader national debates over executive authority and the push by some states to expand public support for early childhood care. Advocates said that affordable child care enables parents to remain in the workforce and improves children’s outcomes. But the program’s critics questioned both the cost of such programs and the legal framework used to establish them.
Rodriguez’s attorneys said Thursday that they intend to appeal the ruling, signalling that the fight over one of New Mexico’s signature family policies is not yet over. Meanwhile, families across New Mexico can keep enrolling their children in the program, which many now view not as a political experiment but as a vital part of daily life.
