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The rules underpinning New Mexico鈥檚 first-of-its-kind universal childcare program will remain in place for now, after a state judge on Thursday declined to halt them from being enforced.

Gov. Michelle Lujan Grisham lauded the decision by District Judge Elaine Lujan of sa国际传媒官网网页入口 to dismiss a lawsuit filed by former Republican gubernatorial candidate Duke Rodriguez and two other plaintiffs.

鈥淭his program is lawful, and it will continue to serve New Mexico families,鈥� the Democratic governor , while describing the lawsuit as a "frivolous challenge.鈥�

鈥淣ew Mexicans deserved better than a lawsuit that put them through weeks of unnecessary anxiety over a program they count on,鈥� Lujan Grisham added. 鈥淭he judge's ruling makes it clear: New Mexicans can plan their families, finances and careers with the confidence that universal childcare is here to stay.鈥�

However, Rodriguez鈥檚 attorney Jacob Candelaria said he planned to appeal the judge鈥檚 decision to the state Supreme Court.

鈥淭o be very clear, the case doesn鈥檛 end here,鈥� said Candelaria, a former state senator. 鈥淲hat happens next is we will be continuing this fight because, as I said today, the separation of powers is not just about my clients, but it鈥檚 about our Constitution and it鈥檚 about individual liberty in this state.鈥�

He also told reporters that Lujan鈥檚 ruling was "absolutely wrong鈥� and expressed confidence the ruling would be overturned by New Mexico鈥檚 highest court, citing the Supreme Court鈥檚 recent decision to overturn a lower court ruling in a ballot access case involving state Rep. Rebecca Dow, R-Truth or Consequences.

鈥淚 am very certain that once we get this issue in front of the Supreme Court, the Supreme Court will agree that the district court judge today turned a blind eye to multiple decisions that were squarely addressing the issues we were talking about today,鈥� Candelaria said.

Lujan Grisham announced the universal childcare program last fall, making New Mexico the first state to offer no-cost child care to all working families, regardless of their income levels.

Lawmakers then approved a bill codifying the program in state law and setting financial safeguards 鈥� including possible co-pays and wait lists 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.

In their lawsuit, the plaintiffs argued the state Early Childhood Education and Care Department overstepped its authority by enacting the universal childcare program prior to the program being codified.

Rodriguez, who finished in third and last place in the GOP gubernatorial race in last week鈥檚 primary election, said he was disappointed, but not surprised, by the judge鈥檚 ruling.

鈥淭his is absolutely a perfect example of judicial activism and I hope and pray that when this gets delivered to the New Mexico Supreme Court, they will apply wholly and completely the law as it is written today,鈥� Rodriguez said.

State lawyers, on the other hand, said the plaintiffs鈥� arguments were "fictitious" and said legislators did not object when the agency 鈥� which oversees the program 鈥� appropriated funds or changed eligibility rules regarding another childcare assistance program.

鈥淲hat this is instead is a personal policy preference wrapped in a separation of power argument and it鈥檚 important to see that for what it is,鈥� argued Holly Agajanian, the governor鈥檚 general counsel, during the court hearing Thursday.

She added that she believed Rodriguez and other plaintiffs were asking the court to referee what was a policy disagreement. 

While touting the program, top Lujan Grisham administration officials have acknowledged the state faces challenges in increasing the number of available childcare slots around New Mexico. Spending on the childcare assistance program is also likely to overspend revenues by 鈥渢ens of millions of dollars鈥� during the fiscal year that ends June 30, according to Legislative Finance Committee data.

However, the program has led to a large jump in kids participating in state-sanctioned childcare 鈥� with the number of enrolled children jumping from 32,861 in September to 45,996 as of April.

Meanwhile, the future of the universal childcare program has also emerged as an issue in this year鈥檚 open race for governor, with Lujan Grisham set to leave office at the end of December.

Republican gubernatorial nominee Gregg Hull has described the program as 鈥済reat in concept,鈥� while questioning its long-term sustainability and potential fraud. Democrat Deb Haaland, in contrast, has enthusiastically backed the initiative and vowed to continue its rollout. 

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.