Supreme Court Minister proposes to partially invalidate Mexico’s judicial reform

( Spanish) – Juan Luis González Alcántara Carrancá, minister of the Supreme Court of Justice of Mexico, presented this Monday a draft ruling before the highest court of justice to partially invalidate the judicial reform in matters of election of judges.

The project proposes to invalidate, among other parts of the constitutional reform, the open and popular election process to choose judges, magistrates and ministers of the Judiciary because the massiveness of the proposed election “does not increase the democratic value” and “does not generate the minimum conditions of legal security required in any democratic system.”

“The massiveness of the election proposed and generated by the system of nomination of candidates open to all Powers, without a judicial career filter, does not increase the democratic value, but rather dilutes it (…) it is possible to conclude that the system analyzed does not “It generates the minimum conditions of legal security required in any democratic system,” said Minister González Alcántara Carrancá.

The proposal warns that “

The minister argued that the mechanism for nominating candidates and the voting list system corrupt the “foundations of the representative and democratic Republic.”

Among the contents of the reform that this proposal does accept is the elimination of the trust that is made up of joint contributions from the judges and employees of the Judicial Branch, and that guarantees their income at the time of retirement.

The proposal will have to be discussed and approved by the full Court by at least 8 votes out of the 11 possible.

On October 3, the Supreme Court of Justice approved to accept the review of the reform of the Judicial Branch, which was published in the Official Gazette of the Federation on September 15. By a majority of eight votes in favor and three against, the plenary session of the highest court admitted the constitutionality analysis requested by a group of judges and magistrates, positions that under this reform may be elected by popular vote starting in 2025. The project approved argues that the Court has the mandate to “ensure the autonomy and independence of the bodies and members of the federal Judiciary.”

The president of Mexico, Claudia Sheinbaum, has rejected this judicial review, considering that “it has no basis” and that judicial reform is not in danger. asked the Presidency and the Supreme Court for a reaction to the jurists’ presentation, but so far has not received a response.

For his part, Court Minister Alfredo Gutiérrez Ortiz Mena presented his resignation from office this Tuesday with effect from August 2025, thereby canceling his opportunity to participate in the judicial election scheduled for next year. It is the first resignation that has occurred in the Supreme Court where it is expected that another seven of the 11 ministers, including Minister President Norma Piña, will present their resignation before the Senate before next Thursday to have the right to their retirement benefits, something that President Claudia Sheinbaum has criticized.