Justices Threaten Trial Over Strike

Mexico’s Supreme Court divided as Batres, Esquivel, and Ortiz threaten political trials against justices who joined the national strike. Tensions rise over judicial reforms and constitutional duties.

# Batres, Esquivel, and Ortiz Threaten Political Trial Against Supreme Court Justices Over Strike Approval

On September 3, 2024, Mexican Supreme Court Justices Lenia Batres Guadarrama, Yasmín Esquivel Mossa, and Loretta Ortiz Ahlf issued a severe warning to their colleagues, threatening political trials for those who voted to join the national judicial strike. Their targeted colleagues include Justices Norma Lucía Piña Hernández, Jorge Mario Pardo Rebolledo, Ana Margarita Ríos-Farjat, Juan Luis González Alcántara Carrancá, Javier Láynez Potisek, Alberto Gelacio Pérez Dayán, and Luis María Aguilar Morales.

The tension arose after the majority of justices voted to support a nationwide strike opposing judicial reforms. The Supreme Court, in an official missive, confirmed that by a vote of eight to three, they decided to suspend activities and join the national strike, maintaining only essential services until September 9, 2024.

In a statement, Justices Batres Guadarrama, Esquivel Mossa, and Ortiz Ahlf emphasized their strong opposition to the suspension, citing their constitutional duty to provide public service and ensure justice. They referenced Article 109 of the Mexican Constitution, which allows for the political trial of public officials who neglect their duties to the detriment of public interest.

The justices argued that there is no legal provision for such a strike at the constitutional or judicial level and expressed that even trusted personnel cannot strike according to prevailing jurisprudence. Moreover, they pointed out that the Federal Penal Code considers neglecting public service a form of corruption, suggesting that those who voted for the strike should forgo their remuneration during this period.

Despite the suspension, the dissenting justices proposed continuing their sessions remotely to address the backlog of over 200 cases. They insisted that denying prompt justice equates to denying justice entirely, reiterating their crucial obligation to the Mexican public.

In response, the majority of justices, who approved the strike, issued a statement regretting the “threatening” message from their counterparts. They reaffirmed their commitment to justice and the extraordinary circumstances necessitating the suspension.

The strike follows a decision by the General Assembly of the College of Young Law Students and New Professionals of the Supreme Court to join the national suspension of activities that began on August 19, 2024, in protest against reforms to the Judicial Power of the Federation (PJF).

# Secondary Article: Mexican Judiciary Divided Amidst Reform Tensions

In the wake of the significant decision by the Mexican Supreme Court to join a nationwide strike against judicial reforms, the divide between justices has become more pronounced. This strike, initiated by various legal associations and supported by a majority within the Supreme Court, highlights fundamental disagreements over the role of the judiciary and the extent of its independence.

Justice Lenia Batres Guadarrama’s attempt to invoke article 11 of the Organic Law of the Federal Judiciary, to require the Federal Judicial Council to ensure the court’s functions continue, was notably rejected. This action underscores a profound debate about judicial responsibility and the separation of powers.

These events reflect a broader context of political tension within Mexico, where proposed reforms to the judicial system have sparked significant controversy and mobilized various factions within the legal community. As the nation watches closely, the outcomes of these high-stakes discussions will likely shape the future of Mexican judicial independence.

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