A state district judge dismissed a lawsuit challenging New Mexico’s Universal Child Care Program, clearing the way for the benefit to keep serving families regardless of income, KOB 4 reports. The ruling by Second Judicial District Judge Elaine Lujan preserved a flagship of Gov. Michelle Lujan Grisham’s effort to ease the financial strain of raising children in a state where many families face steep child care costs.
Duke Rodriguez, a former Republican candidate for governor, filed the lawsuit arguing that Lujan Grisham overstepped by expanding access to free child care through an executive order last year. His attorneys contended that taxpayer funds could not legally be used for such a broad program launched without explicit legislative approval.
The court had earlier ordered the governor’s office to either stop the program or show why it should stay, and the administration chose to defend it in a public hearing. By then, state lawmakers had approved and funded the initiative through the legislative process, and the governor’s lawyers argued that made Rodriguez’s constitutional objections moot. Judge Lujan agreed and allowed the program to continue uninterrupted.
In a statement on social media, Lujan Grisham called the lawsuit “a frivolous challenge,” Source NM reported, and her spokesperson, Michael Coleman, told KOB 4 that families can rest assured universal child care is here to stay. Rodriguez’s attorneys said they intend to appeal.
About This Story
Daily Reports is Brant.One’s news roundup. Each day we gather the New Mexico stories worth knowing from newsrooms across the state, sum them up and point you to the source. This one comes from KOB 4’s reporting, and their original story has the interviews and full details.
Editor’s note: Updated Oct. 31, 2026. This story is now part of Daily Reports, our New Mexico news roundup, and was revised to credit KOB 4’s original reporting. Learn how Daily Reports works in our editorial standards.
