NEWS
New Mexico Supreme Court denies petition challenging state's universal childcare program
Unanimous order means rules underpinning state-subsidized initiative will remain in place
Published
Modified
SANTA FE 鈥� New Mexico鈥檚 first-of-its-kind universal childcare program has avoided a legal takedown after the state Supreme Court dismissed a lawsuit challenging the program鈥檚 rules.
In a brief order this week, the state鈥檚 highest court unanimously denied an appeal from former Republican gubernatorial candidate Duke Rodriguez and two other plaintiffs. The trio had argued Gov. Michelle Lujan Grisham鈥檚 administration overstepped its authority in promulgating rules for the state-subsidized childcare program last fall without legislative approval.
But a state judge in Albuquerque last month dismissed the lawsuit, prompting the appeal to be filed.
The lawsuit had sparked a political kerfuffle, and a spokesman for the Democratic governor said Thursday the Supreme Court鈥檚 ruling validated the Lujan Grisham administration鈥檚 handling of the initiative鈥檚 rollout.
鈥淭he governor appreciates the Supreme Court鈥檚 ruling on this lawsuit filed by a candidate trying to drum up free publicity for his losing campaign for governor,鈥� said Lujan Grisham spokesman Michael Coleman. 鈥淲ith this final court ruling, New Mexico families who were needlessly threatened by a mean-spirited and frivolous lawsuit can now rest assured that universal childcare is the law of the land and here to stay.鈥�
However, former state senator Jacob Candelaria, the attorney representing Rodriguez and the other plaintiffs in the case, expressed frustration at the Supreme Court for dismissing the appeal without a full written opinion.
鈥淚t鈥檚 a very unfortunate and undemocratic way of resolving these disputes,鈥� Candelaria told the Journal. 鈥淭he Supreme Court should do some soul-searching about how it negatively impacts views of the judiciary by acting in such a summary fashion.鈥�
He also said plaintiffs in the case would not give up their court fight, saying an appeal of the initial lower court ruling would be filed with the state Court of Appeals.
Lujan Grisham announced the universal childcare program last fall, making New Mexico the first state to offer no-cost childcare to all working families, regardless of their income levels.
Before the initiative took effect in November, the state had offered childcare assistance to families making up to 400% of the federal poverty level 鈥� or $132,000 per year for a family of four.
Lawmakers then approved a bill codifying the program in state law and setting financial safeguards 鈥� including possible copays and waitlists 鈥� during this year鈥檚 30-day session. That law took effect May 20 and authorizes up to $700 million to be taken from an early childhood trust fund over the next five years to help pay for universal childcare.
Since the universal childcare program was launched, state Early Childhood Education and Care Department officials have worked to add more childcare providers and home-based centers across New Mexico.
In addition, an agency spokeswoman said Thursday that more than 47,000 children were enrolled in childcare assistance as of May 鈥� up from about 33,000 children as of last fall.
The universal childcare initiative has also emerged as an issue in this year鈥檚 race for governor, as Lujan Grisham is term-limited and will step down at the end of the year.
Democratic nominee Deb Haaland has embraced the program, saying Thursday it provides cost savings for New Mexico parents.
鈥淎s governor, I'll continue to protect universal childcare and keep building an economy where working families can succeed because when we invest in our kids, we invest in the future of New Mexico,鈥� Haaland said in a statement.
Her general election opponent, Republican Gregg Hull, has described the program as 鈥済reat in concept鈥� but raised questions about its long-term sustainability and potential for fraud.
As for the Legislature, Candelaria criticized many of his former colleagues for approving the Lujan Grisham administration鈥檚 childcare initiative, despite concerns about its long-term price tag.
He also predicted future governors would use the Supreme Court decision to exercise broad executive powers without legislative approval, saying, 鈥淭hat should terrify everybody.鈥�
Dan Boyd covers state government and politics for the Journal in Santa Fe. Follow him on X at @DanBoydNM or reach him via email at dboyd@abqjournal.com.
