Mexico’s Supreme Court published a proposal on Monday to invalidate core parts of a controversial judicial overhaul that has rattled markets and shaken investor confidence in Latin America’s second-largest economy.
The proposal by Supreme Court justice Juan Luis Gonzalez aims to render the popular election of judges and magistrates unconstitutional, although it would support appointing Supreme Court justices by public vote.
To be approved, the proposal requires the support of at least eight of the court’s 11 justices.
The move brings Mexico closer to a constitutional crisis, with the judiciary and the ruling bloc increasingly at loggerheads over the constitutional reform.
The proposal also challenges the concept of “faceless” judges introduced by the reform, which would allow judges to rule anonymously on dangerous cases – such as those involving organized crime.
Last month, Mexico’s congress passed the constitutional reform, the backbone of which implies the popular election of more than 6,500 judges, magistrates and ministers, including for Mexico’s Supreme Court.
Mexico’s Supreme Court earlier this month accepted a challenge to the reform, agreeing to rule on whether the reform affects independence of the judiciary and the division of powers.
There is still no date for the court’s vote but it will likely be held by Nov. 30, when Justice Luis Maria Aguilar is set to leave office after the end of his 15-year term.
The constitutional overhaul of Mexico’s judicial system has raised concerns about uncertainty over the rule of law in Mexico and the strength of the government’s institutions.
Supporters of the reform argue it will address corruption and inefficiencies in the justice system. Three of the court’s justices have publicly expressed their support for the reform.
President Claudia Sheinbaum, who took office earlier this month, has criticized the Supreme Court’s decision to analyze the reform’s constitutionality.
The ruling Morena party and its allies in Congress are currently debating a proposal which would make reforms to the Constitution, including the judicial reform, “unchallengeable,” a move that the opposition has described as authoritarian.
That proposal has passed the Senate and will next be voted on by Mexico’s lower house, where the ruling bloc also has a wide majority.
An election is planned for June 2025 to replace all members of the Supreme Court, with the number of justices being reduced from 11 to nine.
Other top courts, regional chambers of the electoral court and half of magistrates and district judges will also see their positions up for election.
In 2027, voters will head to the polls to elect the remaining judicial positions.
(Reporting by Diego Ore)
