Republican gubernatorial candidate Duke Rodriguez has (so far) successfully challenged the creation by Gov. MLG of her “free” childcare program. You can read various perspectives on the case here. Here’s our take:
Clearly, the Gov.’s actions to institute “free” childcare BEFORE the Legislature created it (she started the program on November 1, 2025 but the Legislature didn’t pass the bill until 2026). The Rio Grande Foundation has consistently opposed taxpayer-funded childcare and has often questioned the Gov.’s ability to act BEFORE the Legislature to implement the program.
So, there is a worthwhile legal question to be answered here. BUT, the Legislature DID ultimately act during the 2026 session. Of course, the Gov. could use the pre-existing childcare program to pressure legislators to NOT change the program in ways that would impact families already receiving it (such as income limits).
And, of course, the ability for future governors to set up a new government program AND THEN demand the Legislature approve it and provide funding is highly problematic and worth the challenge. This IS absolutely a question that should be resolved by the courts. Kudos to Mr. Rodriguez for demanding answers.
The Gov. is right to be defensive. She is used to a compliant media as well as a Legislature and courts that have typically given her what she’s wanted during her 8 years in office. What will happen? We have no idea. The Legislature DID pass this into law, but in many ways they did so thanks to illegal pressure from the Gov. We’ll be watching!
