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Gov. Michelle Lujan Grisham is no stranger to legal challenges aimed at curbing her unlawful use of executive power. In 2023, the New Mexico Supreme Court halted the governor鈥檚 attempts to spend federal COVID-19 financial assistance without a legislative appropriation, ruling that she had violated the separation of powers. I was the attorney who challenged the governor in that successful lawsuit. Furthermore, the 10th Circuit Court of Appeals recently declared the governor鈥檚 attempt to enforce limitations on the right to bear arms both unconstitutional and unenforceable.

Today, I represent three New Mexico residents in another critical legal action to again restrain the governor's flagrant abuse of power. In November 2025, her administration bypassed the Constitution to create a state taxpayer-funded childcare benefit via administrative rule. This move extended eligibility regardless of income levels or illegal presence in the United States, all without statutory authority or a legislative appropriation.

The 2nd Judicial District Court recently issued an alternative writ of mandamus directing the Lujan Grisham administration to pause these illegal regulations or appear in court next month to explain why the court should not make its order permanent.

Instead of complying with this judicial mandate, the governor threw a temper tantrum. She has gone so far as to claim that my clients 鈥� a group that includes a former Cabinet secretary and a sitting state senator 鈥� don鈥檛 understand how state government works.

Coming from an individual who recently pleaded for more civil political discourse, this is grossly hypocritical. While I am well-acquainted with the governor's history of attacking those who seek to hold her accountable, the sheer malice behind these latest strikes against my clients surprised even me.

Contrary to the governor鈥檚 propaganda, this litigation does not seek to remove childcare assistance from low-income families.

Our clients鈥� challenge targets only the November 2025 rules that expanded childcare assistance to households earning more than 400% of the federal poverty line 鈥� which amounts to exceeding $132,000 annually for a family of four. The governor鈥檚 assertion that this lawsuit harms working single mothers is a lie. My clients only demand a legitimate rulemaking process that respects constitutional boundaries and the authority provided by the Legislature through Senate Bill 241 to enact this program, which will not take effect until later this month.

By rushing these rules into effect, the administration silenced the public and shut down debate. For instance, the administration never provided public notice of its intent to adopt rules that, for the first time, make individuals illegally present in the United States eligible for this new state-funded childcare assistance benefit.

The fiscal impact is massive. Once implemented, this program will cost more than we spend in state dollars on Medicaid. Yet it relies entirely on state funds with zero federal match to provide benefits to high income earners and those illegally present in the U.S. who would not be eligible for federally funded childcare assistance.

Moreover, analysis by the Legislative Finance Committee indicates that by providing subsidies to wealthy households, the state actually pushes out lower-income families who often find the bureaucracy too difficult to navigate to access taxpayer-funded childcare assistance benefits.

This creates a significant wealth transfer from working-class citizens to the affluent 鈥� a peculiar outcome from a progressive left that frequently and performatively broadcasts its disdain for high income earners.

The governor remains committed to this program because it bypasses accountability for actual results, choosing political optics over proven investments like pre-K or Head Start that demonstrably improve child well-being and educational outcomes but which are far more difficult to implement and measure. Ultimately, no governor is above the law; it is time this administration placed sound policy ahead of political legacy.

Jacob R. Candelaria is an sa国际传媒官网网页入口 attorney and a former member of the New Mexico Senate.