A New Mexico judge on Thursday dismissed a lawsuit that challenged the state’s universal childcare program, allowing the ambitious and closely watched experiment to continue. The program, which is financed in large part with revenue from oil and gas production in the state, was among the nation’s most generous before November’s expansion, waiving costs for families making up to 400% of the federal poverty rate or roughly $132,000 per year for a family of four.
Background of the Lawsuit
Attorneys for former Republican gubernatorial candidate Duke Rodriguez and other plaintiffs had questioned the process used by Democratic Gov. Michelle Lujan Grisham’s administration to eliminate an income cap and co-pays for childcare assistance before the Legislature had a chance to weigh in or approve funding. Attorneys representing Lujan Grisham and the state’s childcare agency argued that lawmakers have since authorized and funded the program’s expansion, rendering the legal challenge moot.
District Judge Elaine Lujan agreed, tossing the lawsuit and allowing the state to continue footing the daycare bill for families regardless of income. She also found that Rodriguez and his co-plaintiffs lacked standing to bring the lawsuit. Rodriguez’s attorneys indicated they will appeal the judge’s decision.
Reaction to the Ruling
Lujan Grisham applauded the ruling, stating that the program is lawful and will continue to serve New Mexico families. The challenge came as New Mexico looks to cement its place as the first U.S. state to cover daycare bills for all families regardless of income, provided parents or legal guardians are working, in school or qualify for an exemption.
During the hearing, plaintiffs’ attorney Jacob Candelaria told the judge that the governor’s move to establish the program without the Legislature weighing in was ‘a fundamental perversion of the separation of powers’ and that New Mexicans’ constitutional interests needed to be protected. Holly Agajanian, the governor’s chief general counsel, suggested that the plaintiffs were asking the court to referee a policy disagreement on the merits of universal child care.
Original reporting: Texarkana Gazette — read the source article.
