ALBUQUERQUE — A New Mexico district court has ordered the Lujan Grisham administration to halt enforcement of regulations underpinning the governor’s signature universal child care program, handing Republican gubernatorial candidate Duke Rodriguez an early legal victory in his challenge of the program’s rollout.
Judge Elaine Lujan of the Second Judicial District issued an Alternative Writ of Mandamus on April 28, directing Early Childhood Education and Care Department Secretary Elizabeth Groginsky to cease enforcing several child care regulations and to remove those rules from the New Mexico Administrative Code. The court found the department enacted the rule changes without legislative authorization and without a lawful appropriation to cover the new financial obligations on the state budget.
Rodriguez filed the petition on April 16, alongside co-petitioners Steve Lanier and Zachary Anaya. The court issued its order just 12 days later. The case is numbered D-202-CV-2026-03721.
The suit argues Gov. Michelle Lujan Grisham created the universal child care program entirely by executive fiat — without a legislatively enacted statute, without a proper budget appropriation, and without following required rulemaking procedures. The governor had trumpeted the program last September as making New Mexico the first state in the nation to offer no-cost child care to nearly all families.
Rodriguez, an announced Republican candidate for governor, said the ruling vindicates his challenge.
“Today’s order represents a victory for the New Mexico Constitution, for government transparency, and for the people of New Mexico,” Rodriguez said. “The Governor can now choose whether to comply or defy the District Court. If the Governor defies the Court, we will go the distance.”
Rodriguez also took aim at the administration’s earlier dismissals of his legal challenge.
“I do understand how New Mexico state government works,” Rodriguez said, responding directly to a Lujan Grisham spokesperson who told the Albuquerque Journal last month that Rodriguez “misunderstands how state government works.” “I filed this suit because New Mexicans deserve more from their government. New Mexico is not a poor state, but New Mexico is absolutely a poorly managed state.”
Attorney Jacob Candelaria, who represents Rodriguez and the co-petitioners, noted the administration had predicted an outright dismissal.
Under the order, Groginsky may file an answer showing cause why she should not be compelled to comply. If she does, the court will hold a hearing on June 11, nine days after the June 2 gubernatorial primary.
The Lujan Grisham administration has said it is reviewing the order and evaluating next steps.