ALBUQUERQUE, N.M. (AP) — A New Mexico judge on Thursday dismissed a lawsuit that challenged the state’s universal childcare program, allowing the ambitious and closely watched experiment to continue. Attorneys for former Republican gubernatorial candidate Duke Rodriguez and other plaintiffs had questioned the process used by Democratic Gov. Michelle Lujan Grisham’s administration to eliminate an income cap and co-pays for childcare assistance before the Legislature had a chance to weigh in or approve funding. Attorneys representing Lujan Grisham and the state’s childcare agency argued that lawmakers have since authorized and funded the program’s expansion, rendering the legal challenge moot.District Judge Elaine Lujan agreed, tossing the lawsuit and allowing the state to continue footing the daycare bill for families regardless of income. She also found that Rodriguez and his co-plaintiffs lacked standing to bring the lawsuit.
Rodriquez’s attorneys indicated they will appeal the judge’s decision.“Just because (Lujan Grisham) thinks she has a great idea doesn’t mean she gets to write the law and enforce the law,” plaintiffs attorney Jacob Candelaria said after Thursday’s hearing.
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