Lawyer for former Republican gubernatorial candidate Duke Rodriguez And other plaintiffs questioned the handling of Democratic Governor Michelle Lujan Grisham’s administration by eliminating income limits and co-pays for child care assistance before the legislature had a chance to consider or approve the funding.
Lujan Grisham and lawyers representing the state’s childcare agency argued that lawmakers authorized and funded the program’s expansion, making the legal challenge moot.
District Judge Elaine Lujan agreed, dismissing the lawsuit and allowing the state to continue paying daycare bills for families regardless of income. She also found that Rodriguez and his co-plaintiffs did not have sufficient standing to file the lawsuit.
Rodríguez’s lawyers indicated they would appeal the judge’s decision.
“Just because (Lujan Grisham) thinks she has a great idea, doesn’t mean she has to write the law and enforce the law,” plaintiffs’ attorney Jacob Candelaria said after Thursday’s hearing.
Thursday’s decision prevented financial headaches for many childcare businesses and families who have rebalanced household budgets around free childcare.
Lujan Grisham praised the decision.
“Today, Second Judicial District Judge Ellen Lujan rejected a frivolous challenge to New Mexico’s universal child care program. The program is legitimate, and it will continue to serve New Mexico families,” he said in a statement on Facebook. “New Mexicans deserved better than a lawsuit that put them through weeks of unnecessary anxiety over a program they relied on. The judge’s decision makes it clear: New Mexicans can plan their families, finances, and careers with confidence that universal child care is here to stay.”
The challenge comes as New Mexico seeks to cement its place as the first U.S. state to cover daycare bills for all families regardless of income, provided the parent or legal guardian is working while in school or qualify for a waiver. The stakes rise across the country as policy makers new york To California Explore models to reduce costs for families and expand public investment in child care.
During the hearing, Candelaria told the judge that the governor’s move to establish the program without the consent of the Legislature was “a fundamental perversion of the separation of powers” and needed to protect the constitutional interests of New Mexicans.
Holly Agajanian, the governor’s chief general counsel, suggested that the plaintiffs were asking the court to referee a policy disagreement over the merits of universal child care.
“We are not in a constitutional crisis,” Agajanian said.
Lujan Grisham signed legislation establishing the program into law in February, Provided that the financial condition of the state remains healthy.
New Mexico’s program, which is largely financed by revenues from oil and gas production in the state, was one of the most generous in the country before the November expansion, with a waiver costing up to 400% of the federal poverty rate, or about $132,000 a year for a family of four.
Legislative analysts have raised questions about the sustainability of New Mexico’s expanded program, noting earlier this year that the state’s Department of Early Childhood Education and Care began overspending just weeks after its November launch.
This week, the state agency proposed new rules aimed at promoting the sustainability of the program. Potential guardrails include co-payments for higher-income families in the event of a significant decline in oil prices or enrollment in free childcare increasing beyond state projections.
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