3 Republicans appeal universal childcare lawsuit to New Mexico Supreme Court

A trio of New Mexico Republicans are asking the state Supreme Court to weigh in after a District Court judge dismissed their lawsuit accusing state officials of enacting a universal childcare program without the necessary legislative approval.

In their suit, State Sen. Steve Lanier (R-Aztec), former GOP gubernatorial candidate Duke Rodriguez and former state House of Representatives candidate Zac Anaya argued that Gov. Michelle Lujan Grisham violated the “separation of powers” in state government by announcing the universal childcare program late last year without having the Legislature’s backing. Attorneys for Lujan Grisham countered that the Legislature had long given the state Early Childhood Education and Care Department the authority to expand who is eligible to receive childcare assistance.

The Republicans invoked an old state Supreme Court case in which Rodriguez, who at the time led the state’s Human Services Department, was accused of implementing a state program “without seeking legislative approval.”

Earlier this month, Second Judicial District Court Judge Elaine P. Lujan ruled against the plaintiffs, finding the case moot in part because earlier this year Lujan Grisham signed a bill into law that established the framework for the universal childcare program. The three Republicans appealed to the state Supreme Court on Wednesday.

Their attorney, Jacob Candelaria, did not respond to Source NM’s request for comment. Anaya told Source that he “always knew this one was headed for the Supreme Court” when he signed onto the lawsuit in April.

“I believe this is the type of case the Supreme Court needs to hear, especially when it comes to separation of powers,” he said. “District Court (Judge) Lujan was in over her head on this issue. I’m not sure it was the proper venue.”

In a statement to Source NM on Friday, Lujan Grisham’s Communications Director Michael Coleman said the governor’s office was unfazed by the appeal.

“Mr. Rodriguez’s case was weak from the start and that hasn’t changed since Judge Lujan dismissed it earlier this month,” he wrote. “We’re optimistic that the New Mexico Supreme Court will affirm Judge Lujan’s ruling and allow the lawful universal child care program to continue serving New Mexico families.”