It is up to a New Mexico judge to settle a challenge over the legality of New Mexico’s fledgling universal childcare program, an ambitious and closely watched effort to eliminate daycare costs for all working families. A lawsuit brought by former Republican gubernatorial candidate Duke Rodriguez and other plaintiffs challenges the process used by state officials to eliminate an income cap and co-pays for childcare assistance. They say the Legislature didn't have a chance to weigh in or approve funding before regulations were adopted last fall by Democratic Gov. Michelle Lujan Grisham's administration. Attorneys for the administration argue the case is moot since funding has since been approved.