judicial reform
On Thursday, President Claudia Sheinbaum signed into law a constitutional reform limiting the ability to challenge constitutional amendments, including the recent judicial reforms. Published in the Official Gazette of the Federation (DOF) just one day after Congress’s approval, the amendment quickly passed ratification by a majority of Mexico’s state legislatures, solidifying its enactment.
The reform modifies Articles 105 and 107 of the Mexican Constitution, establishing that challenges to constitutional changes are “inadmissible,” essentially blocking judicial review of new amendments. Article 105 declares that actions against constitutional additions or reforms cannot be legally contested, while Article 107 states that lawsuits on such reforms “will not proceed.” Consequently, this limits the Supreme Court’s ability to intervene in constitutional amendments, specifically affecting judicial reform legislation signed by former President Andrés Manuel López Obrador before he departed from office.
Morena, the ruling party, sought the amendment to prevent judicial interference in reforms that Congress has approved. Yet, controversy surrounds whether the Supreme Court of Justice (SCJN) has any authority to overturn constitutional changes. Justice Juan Luis González Alcántara Carrancá recently submitted a proposal to allow elections only for Supreme Court justices, keeping other judicial positions appointed. This proposed amendment counters the government’s plan to hold elections for thousands of judges across local, state, and federal levels, starting in 2025 and 2027. Meanwhile, the National Action Party (PAN) has already challenged this plan in the Supreme Court.
Despite the DOF decree indicating the reform’s retroactive application, González insists that the justices can still vote on his proposal, scheduled for Tuesday. President Sheinbaum, however, maintains that the Supreme Court lacks the authority to overturn duly ratified constitutional amendments.
Ricardo Monreal, Morena’s leader in the lower house, asserted that judges lack the power to repeal amendments ratified by Congress and states, emphasizing the “constitutional supremacy” reform’s legal validity. He described it as one of Mexico’s most profound reforms, arguing that it upholds the Constitution’s authority.
Justice González has cautioned that a government refusal to comply with a Supreme Court ruling could trigger a constitutional crisis, impacting the rule of law and foreign investment. Former President Ernesto Zedillo echoed this sentiment, accusing Sheinbaum of fueling constitutional tensions. Political analyst Viri Ríos suggested González’s proposal could offer a “lifeline” to ease market stability, though acceptance would signify the government acknowledging the court’s authority to override constitutional reforms.
