Albuquerque –
Republican gubernatorial candidate Duke Rodriguez won an initial legal victory in his lawsuit against current New Mexico Governor Michelle Lujan Grisham’s rollout of New Mexico’s “universal child care program.” The Second Judicial District Court granted Rodriguez’s application for Application for Alternative Writ of Mandamus and ordered Early Childhood Education and Care Department Secretary Elizabeth Groginsky to “cease from any further enforcement” of several child care regulations.
Attorney Jacob Candelaria who represented the plantfiffs said:
“Based upon the court’s order today, the governor has two simple choices. Stop enforcing these illegal and unconstitutional rules, or double down on her lawbreaking and appear at a hearing on June 11 to explain to the district court why her administration refuses to comply with the courts order of today that her administration cease enforcement of these rules.
Our clients certainly hopes that the governor will comply with the courts order, and that she and her administration will initiate a new rule making process to put into effect Sen Bill 241 which the legislature passed this year creating a state childcare assistance program that is independent from the federal child development Block grant Grant for the first time.
It will be truly unfortunate if the governor persists in her legal conduct and creates more unnecessary uncertainty and chaos in this program.“
Lastly, I will note that in the Governor’s press response to the filing of this lawsuit, her administration was very confident that the District Court would dismiss this case as meritless. Seems like the Governor got it wrong.
We reached out to Governor Michelle Lujan Grisham and her communications director said:
“To be clear, the court rejected the plaintiffs’ request to pause the program without giving ECECD and the governor a chance to respond.
The alternative writ of mandamus is a routine response that allows the state to respond before the court takes any action. Universal child care remains in effect and New Mexico families have no reason for concern.
The New Mexico legislature settled the legal question when it passed Senate Bill 241. The governor is confident the courts will agree and toss out this ‘controversy’ manufactured by a Republican political candidate.“
The Governor has until June 11th, 2026 to respond to the court order.
In a social media post she called Rodriguez a third-tier candidate who lives in Arizona.
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