Politics: Judicial reform advances but conflicts continue, with major potential consequences

MEXICO - Report 15 Oct 2024 by Guillermo Valdes and Francisco González

Morena and AMLO’s much touted judicial reform has passed the legislative procedural hurdles, and the National Electoral Institute (INE) has agreed to organize the election of judges, justices, magistrates, with the first election slated for next June. However, the fight is far from over, and the resulting polarization remains high. Critics charge that the reform means nothing less than the elimination of checks and balances and the end to judicial autonomy and independence. Many even argue that by refusing to concede points and negotiate, Morena is moving toward authoritarian rule. The ruling party’s approval ratings and its automatic majority in Congress bolster what many perceive to be its arrogance and intolerance.

Opponents of the reform have responded with an avalanche of lawsuits to halt it. Many concede it will be difficult for the Supreme Court (SCJN) to rule on the reform’s constitutionality as it is not empowered to do so by the country’s Magna Carta, in addition to the question of a possible conflict of interest. So the court cases largely revolve around procedural issues surrounding the reform’s approval in Congress.

Morena, meanwhile, has stated that the SCJN is engaging in a coup d’etat against the will of the majority of the population as expressed in the elections and the legislature, and everything indicates the ruling party would defy an unfavorable court ruling. If this were to occur, it would immediately trigger a major and unprecedented constitutional crisis. As it stands now, the fallout from the reform and ensuing court cases and a massive work stoppage by judicial branch employees has led critics—opposition parties, judges and jurists, some business circles, and others—to charge that newly inaugurated President Claudia Sheinbaum’s response has been weak and revealed an incapacity to resolve or even reign in the negative effects of the ongoing conflict.

All eyes are on now on the SCJN to see how it rules in the next few weeks.

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