Mexico’s Senate Approves Controversial Judicial Reform

Diego Estevez

Staff Writer

On September 11, Mexico passed a highly controversial judicial reform that would restructure its entire judicial system from the ground up. This historic shift in government structure would radically change several aspects of the Mexican judicial system; the most important of these being that instead of the usual procedure of being appointed as highlighted in the Mexican constitution, judges will now have to be elected by the people. 

Reuters reports that the reform also has a number of other changes, such as reducing the number of Supreme Court justices from 11 to 9, justices, shortening the term length to 12 years, abolishing the minimum age requirement of 35, and reducing the necessary experience needed for the position to just 5 years. The reform was proposed by former Mexican President Andrés Manuel LópezObrador as his final act before his term ended on October 1. 

That summer, former President Obrador’s party, Morena, won a landslide victory, securing another party member, Claudia Sheinbaum, the presidency and gaining a majority of seats in the legislature. With this level of political power in the Morena party, Obrador has sought to leave his mark on the nation with the sweeping reform. Although the changes swept through the lower chamber, where Morena holds the majority of seats, the biggest hurdle was getting the legislature approved by the Senate. Even with all their allies in favor, they were still missing one vote. Luckily for Obrador and his allies, Senator Miguel Ángel Yunes of the opposition National Action Party (PAN), voted in favor of the reform, prompting mass cheers from those in favor and loud boos from his own party. 

Senator Yunes was kicked from the party the following day. Both former President Obrador and current President Claudia Sheinbaum have argued that this reform will fight the widespread corruption in Mexico’s legal system, with both politicians accusing the courts and several judges of corruption, according to NPR. 

However, critics of the reform say that these changes could cause even more widespread corruption. According to Al Jazeera, the large number of judiciary positions that the Mexican people will need to vote for will make it difficult for them to truly stay informed. Positions as high as the Supreme Court and the individual trial courts all need judges to be voted in. 

Supreme Court Chief Justice Norma Piña tells the BBC that the reform would “generate tension between judges’ duty to be independent and impartial and their need to make rulings which are popular in order to attract votes”. Chief Justice Piña is not the only member of the judiciary to speak out against the new reform. Law students and the judiciary have gone on a general strike nationwide in opposition to the change in the judicial system. 

Alongside those who practice the law, thousands of Mexican citizens have come out in protest, seeing the reform to be a stepping stone for ex-president Obrador to get even with the judicial system for hindering many of the projects he tried to implement during his time as president. With current President Shenibaum indicating that she would continue Obrador’s policies, the people’s worries only grow. 

The protests escalated to the point where, on the night of the vote, protesters forced their way into the Senate, where debates were being held. Although no one was hurt, one individual fainted.  The Senators took a brief recess to allow tensions to cool before continuing the vote, which ultimately passed the reform in the Senate. 

The reform has not only caused tension domestically within the Morena party but also has drawn international criticism. The Mexican peso has lost more than 15 percent of its value since the June election, reports  The Washington Post, with particular backlash from Mexico’s North American trading partners, Canada and the United States. U.S. Ambassador Ken Salazar describes that the reform is a “risk” to Mexican democracy, warning that it could undermine economic stability, as many foreign investors may lose trust in a nation’s judicial system under such reforms.

 According to the Associated Press, ex-president Obrador responded to the ambassador’s comments by stating that relations with the U.S. embassy are “on pause”. With domestic and international relations growing tense, Mexico’s future seems unassertive.

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