**Supreme Court to Review Constitutionality of Mexican Judicial Reform**
On October 3, 2024, Mexico’s Supreme Court admitted a consultation to assess the constitutionality of recent Federal Judicial Power reforms. Approved on September 15, the reform, led by former President Andrés Manuel López Obrador, faces allegations of undermining judicial independence.
In a decision backed by eight judges and opposed by three, the Supreme Court agreed to examine the constitutional validity of the reform per Article 11, fraction XVII of the Organic Law of the Federal Judicial Power. This move follows objections by judges and magistrates who argue that the changes threaten judicial autonomy.
The Court emphasized that this examination does not pre-determine the necessity of revising the reform’s formal or material defects. Among those favoring the review are Ministers Norma Lucía Piña Hernández and Juan Luis González Alcántara Carrancá, while dissenting opinions came from Ministers Lenia Batres Guadarrama and Yasmín Esquivel Mossa, who argue that such actions could overreach the Court’s powers and disrupt the balance of governmental powers.
The implications of the Court’s decision are significant; they may uphold or nullify the reform pending further deliberations. The Court President holds the discretionary power to suspend the reform’s implementation during this judicial review process.
Minister Lenia Batres Guadarrama expressed strong opposition, stating that engaging in such a review could constitute a coup, rendering the Court a “judge in its own cause.” Meanwhile, Gonzalez Alcántara emphasized the historical significance of this legal debate in enriching Mexican constitutional law, inviting broader discussions on judicial independence.
**Secondary Article: International Attention on Mexico’s Judicial Shake-up**
In related developments, the Inter-American Commission on Human Rights (IACHR) has summoned the Mexican government and federal judges’ representatives for a hearing on November 12, 2024, to discuss the controversial reform. The hearing, set in Washington D.C., emerges from a complaint by the Mexican Association of Circuit Magistrates and District Judges, challenging the reform’s impact on judicial impartiality.
The Federal Judiciary Council has also been grappling with internal tensions, as a 44-day judicial workers’ strike complicates ongoing reforms. Critics argue the absence of clear electoral guidelines for upcoming judicial elections in June 2025 adds to the systemic uncertainty.
Senate President José Gerardo Fernández Noroña has dismissed judicial blocks on reform implementation, critiquing perceived legal ignorance among magistrates challenging the reforms. A contentious election process looms, with an unprecedented volume of judicial positions to be filled, pending resolution of legal hurdles and political opposition.
This situation continues to evolve as stakeholders balance legal prerogatives with foundational changes potentially reshaping Mexico’s judicial landscape.