Mexico to Move Forward with Controversial Reform for Electing Judges by Popular Vote

 

The Mexican government is moving ahead with a contentious judicial reform that mandates the election of all judges by popular vote, after the Supreme Court narrowly failed to halt the measure. In a late-night session on Tuesday, seven out of eleven Supreme Court justices voted to support a proposal to block parts of the reform, falling just one vote short of the eight needed to pass.

The debate surrounding the judicial changes, which were passed by Congress and ratified by a majority of state legislatures in September, has heightened tensions between Mexico's executive and judicial branches. President Claudia Sheinbaum has argued that the Supreme Court has no authority to overturn the reform, intensifying concerns over an institutional crisis.

The proposed reform, initially introduced by former President Andrés Manuel López Obrador and backed by Sheinbaum, includes provisions for electing judges and magistrates through a popular vote. This measure, seen as highly controversial, has sparked fierce debate over judicial independence. The reform also includes a clause allowing judges to operate anonymously in cases related to organized crime, which the Supreme Court questioned in its draft ruling.

In October, Mexico’s lower house of Congress voted to approve a constitutional change that renders such reforms “unchallengeable,” raising concerns about the separation of powers and leaving open questions about the court’s ability to overturn the legislation.

Supreme Court President Norma Piña underscored the significance of the debate, describing it as a matter of “extreme complexity and extraordinary importance for our nation.” She emphasized that the court’s decision would be a defining moment in Mexico’s legal and political history.

The reform mandates nationwide judicial elections in June 2025 to fill a broad array of positions, including all Supreme Court justices, whose numbers will be reduced from eleven to nine. This sweeping change could fundamentally alter the judiciary's landscape in Mexico, with implications for both judicial independence and the separation of powers.