A New Mexico judge is scheduled to consider arguments on Thursday in a challenge to the state's fledgling universal childcare program, an ambitious and closely watched effort to eliminate daycare costs for families.

A lawsuit brought by former Republican gubernatorial candidate Duke Rodriguez and other plaintiffs challenges the process used by Democratic Gov. Michelle Lujan Grisham's administration to eliminate an income cap and copays for childcare assistance before the Legislature had a chance to weigh in or approve funding.

"This is executive overreach. The program was launched unlawfully," said Rodriguez, who lost his party's nomination in New Mexico's recent primary.