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Why has Mexico’s judicial reform sparked protests and international controversy?

September 2024

by Karla Smit

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Mexico’s Senate has passed a contentious judicial reform that introduces the election of judges through popular vote. Judges from the Supreme Court, as well as those in other senior and local positions, would be selected through a public voting process. Approximately 1,600 judges would be required to run for election, with these elections expected to take place in either 2025 or 2027 (Le Monde, 2024). Advocates of the reform believe it will enhance judicial accountability to citizens, while detractors claim it could weaken the nation's system of checks and balances and bolster the influence of the ruling Morena party. The proposal has ignited protests, with demonstrators storming the building ahead of the vote. During an intense late-night session, the Senate debate was interrupted when protesters chanting “the judiciary will not fall” forced their way into the chamber. After the interruption, lawmakers relocated to another building (BBC, 2024). This Senate approval marks a significant step for the bill, which is backed by President Andrés Manuel López Obrador.

 

The reform marks a significant victory for President López Obrador, whose term concludes on September 30. The president had strongly advocated for the changes, especially after clashing with Mexico’s Supreme Court, which had blocked several of his proposals. The new system mandates that judges, magistrates, and even Supreme Court justices must stand for popular election. However, the reform has faced opposition, with critics like Supreme Court Chief Justice Norma Piña warning that it could undermine judicial independence by pressuring judges to prioritize popularity over impartial rulings. Piña and others have voiced concerns that the changes could damage the judiciary’s credibility.

 

Protests erupted across the country, with law students and judiciary employees striking against the reform. Despite the opposition, the bill was easily passed in the Chamber of Deputies, where Morena holds a majority. Critics argue that with Morena controlling both the executive and legislative branches, judicial independence is at risk.

 

International concerns have also been raised, with the U.S. Ambassador Ken Salazar warning that electing judges by popular vote could pose a threat to Mexico’s democracy. Additionally, the reform has unsettled investors, leading to a decline in the Mexican peso in the days preceding the vote. Another controversial aspect of the reform is the introduction of anonymous judges for cases involving organized crime, designed to protect judges from threats. However, human rights organizations argue that this compromises defendants' right to a fair trial by obscuring potential conflicts of interest. 

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