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SANTA FE 鈥� Gov. Michelle Lujan Grisham blasted a Republican gubernatorial candidate for touting a preliminary legal victory in his lawsuit challenging one of the governor鈥檚 signature achievements 鈥� state-subsidized child care for all New Mexico families.

In a blistering statement, the Democratic governor, who is stepping down at the end of this year after two terms in office, accused Duke Rodriguez of misrepresenting an order by a state judge.

The order gave Early Childhood Education and Care Department Secretary Elizabeth Groginsky a 30-day deadline to show why rules governing the universal childcare program 鈥� launched last year by the governor 鈥� should not be struck down.

鈥淎 third-tier Republican candidate for governor 鈥� who lives in Arizona 鈥� is using a frivolous lawsuit in a despicable attempt to mislead New Mexico families and generate headlines for a campaign that is going nowhere,鈥� Lujan Grisham said in a statement late Tuesday.

Rodriguez, who is one of three GOP candidates vying for the party鈥檚 nomination in this year鈥檚 open race for governor, filed the lawsuit challenging the universal child care initiative this month.

In his lawsuit, Rodriguez specifically argued the governor鈥檚 administration illegally launched the state-subsidized child care program before getting approval from the Legislature to do so.

District Court Judge Elaine Lujan did not rule on the merits of the lawsuit in her order this week, but directed the Lujan Grisham administration to either file a timely response or halt enforcement of the program.

Groginsky, who was appointed by the governor in 2019 to lead the state鈥檚 new early childhood department, said her agency was already working on a response and expressed confidence the state would ultimately prevail in the case.

鈥淔amilies should rest assured that we remain fully committed to protecting access to the services they need and rely on,鈥� Groginsky said. 鈥淲e will not waver in our mission to make quality child care accessible to families across New Mexico.鈥�

That statement was released several hours after Rodriguez claimed the judge had ordered the state to 鈥渟hut down鈥� its illegal child care program. He also said the order represented a victory for transparency in state government.

鈥淚 filed this suit because New Mexicans deserve more from their government,鈥� Rodriguez said in a statement. 鈥淲ith the court鈥檚 order in hand, the governor can now do the right thing and start over, or she can continue to create chaos for families.鈥�

Rodriguez, a former state cabinet secretary who founded New Mexico鈥檚 largest cannabis company, has faced legal challenges of his own during this year鈥檚 electoral cycle.

Specifically, he has weathered two separate lawsuits challenging his eligiblity to run for governor due to a residency requirement in the state Constitution. 

Rodriguez, who owns houses in both sa国际传媒官网网页入口 and Scottsdale, Arizona, voted in both the 2022 and 2024 general elections in Arizona, where he first registered to vote in 2001, according to Maricopa County records obtained by the Journal.

But he has brushed off the residency concerns, saying he is eligible to run for governor and has resided continuously in New Mexico for more than 50 years.

Meanwhile, Rodriguez鈥檚 lawsuit targeting the universal child care program is his latest in a series of court challenges against the Lujan Grisham administration. The outgoing governor and Rodriguez actually served together as cabinet secretaries in former Gov. Gary Johnson鈥檚 administration.

New Mexico鈥檚 first-of-its-kind universal child care program drew national attention after it was announced last fall 鈥� including a mention on 鈥淪aturday Night Live鈥� 鈥� and the state published the rules governing the program in October.

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 is set to take 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 child care.

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.