ALBUQUERQUE, N.M., April 28, 2026 (GLOBE NEWSWIRE) -- Republican gubernatorial candidate Duke Rodriguez won an initial legal victory in his lawsuit against current New Mexico Governor Michelle Lujan Grisham’s rollout of New Mexico’s “universal child care program.” The Second Judicial District Court granted Rodriguez’s Application for Alternative Writ of Mandamus and ordered Early Childhood Education and Care Department Secretary Elizabeth Groginsky to “cease from any further enforcement” of several child care regulations.
Rodriguez, who brought the suit along with co-petitioners Steve Lanier and Zachary Anaya, specifically asked the District Court to prohibit the enforcement of regulations tied to the program. Rodriguez’s legal action claimed that Governor Michelle Lujan Grisham unlawfully implemented a state-funded “universal child care program” without proper legislative authority, without a lawful budget appropriation, and without following the necessary rulemaking process.
Judge Elaine Lujan (no relation to Governor Michelle Lujan Grisham) of the Second Judicial District issued the order, which is officially titled Alternative Writ of Mandamus, twelve days after the petitioners initially submitted their case. Rodriguez, Lanier, and Anaya filed their petition on April 16th. The suit is numbered D-202-CV-2026-03721.
The Alternative Writ of Mandamus orders Early Childhood Education and Care Department Secretary Elizabeth Groginsky to “cease from any further enforcement” of several child care regulations because the Department “enacted these rule changes without legislative authorization and without the necessary appropriation to cover the new financial obligations on the State budget.” The Alternative Writ of Mandamus also commands that those rules be removed from the New Mexico Administrative Code.
The Alternative Writ of Mandamus does give Secretary Groginsky an alternative option: file an answer to the petition and “show cause why she” “should not be compelled to comply” with the order. If Secretary Groginsky chooses to answer instead of immediately complying with the Court’s directive, the Court will hold a hearing on June 11th, 2026 to determine the permanency of the order. The June 11th date falls nine days after New Mexico’s June 2nd gubernatorial primary election.
On September 8, 2025, Governor Michelle Lujan Grisham announced in a press release posted to her website that “New Mexico is first state in nation to offer universal child care.” See https://www.governor.state.nm.us/2025/09/08/new-mexico-is-first-state-in-nation-to-offer-universal-child-care/.
Rodriguez, Lanier, and Anaya argued in their suit that Lujan Grisham created a “universal child care program” entirely unilaterally, without a legislatively enacted statute, without a legislative appropriation of state money, and without following proper regulatory procedures.
“Today’s order represents a victory for the New Mexico Constitution, for government transparency, and for the people of New Mexico,” Duke Rodriguez declared. “The Governor can now choose whether to comply or defy the District Court. If the Governor defies the Court, we will go the distance and face Secretary Groginsky and Governor Lujan Grisham in court. I stand ready and willing to step into that ring to fight for a responsive, responsible government.”
Attorney Jacob Candelaria represents Rodriguez, Anaya, and Lanier. Candelaria commented, “Governor Lujan Grisham’s legal prognosticators predicted the Court would dismiss this suit outright. However, the Court did not simply hand the Governor the result she wanted. In fact, Duke Rodriguez does understand how New Mexico state government works.”
Candelaria’s comment refers to a statement given to the Albuquerque Journal by Lujan Grisham’s spokesperson Leah March that “Mr. Rodriguez misunderstands how state government works.” March’s statement was quoted in the Albuquerque Journal’s April 17th article, “Republican governor candidate files lawsuit targeting state’s universal child care system.”
“I do understand how New Mexico state government works,” Mr. Rodriguez avowed. “I filed this suit because New Mexicans deserve more from their government. With the court’s order in hand, the Governor can now do the right thing and start over, or she can continue to create chaos for families. The entire process by which this ‘universal child care program’ was rolled out proves that New Mexico is not a poor state, but New Mexico is absolutely a poorly managed state.”
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