Mexican President Challenges Supreme Court Amid Growing Constitutional Crisis

Department of Research, Strategic Studies and International Relations 05-11-2024

Mexican President Claudia Sheinbaum has criticized the nation’s Supreme Court, accusing it of overstepping its role as it prepares to assess the legality of a significant judicial reform. This reform would make nearly all judicial positions, including those in the Supreme Court, subject to election by public vote—a system unique in the world.

The Supreme Court is set to vote on Tuesday on whether this reform conflicts with Mexico’s constitutional principles. The decision is pivotal, especially as Sheinbaum’s administration has only recently begun. Advocates argue the reform will address corruption by making the judiciary accountable to voters, while critics caution it could enhance the ruling Morena party’s influence over the judiciary and create avenues for organized crime to sway judicial elections.

Sheinbaum voiced her frustration on Monday, asserting that “eight justices cannot be above the people.” Morena, her party, gained significant power after a decisive victory in June, securing a supermajority in Congress and control of many state legislatures. This allowed it to advance a series of constitutional amendments, including the judicial reform in question.

Despite the reform’s passage, the judicial community has resisted, organizing protests and strikes. Although three Supreme Court members favor the reform, the remaining eight have expressed their dissent by announcing they will not run in the proposed 2025 elections. The Supreme Court now plans to debate whether the reform violates the constitution, potentially halting it.

However, the legislative branch recently passed an amendment preventing the Supreme Court from reviewing constitutional reforms, effectively limiting its capacity to challenge the judiciary overhaul. If the court opposes the reform, Mexico may face unprecedented constitutional uncertainty, and Sheinbaum will need to decide whether to adhere to or dismiss the ruling.

“This could lead to a constitutional crisis not seen since the enactment of the 1917 constitution,” legal expert Olvera Rangel told *Proceso*, a prominent Mexican magazine.

This constitutional debate has overshadowed other issues during Sheinbaum’s administration’s initial month, such as social program expansions, increased militarization of public security, and growing violence in regions like Sinaloa and Chiapas. The controversy has also impacted the economy, weakening the peso by over 15% against the dollar, and raised concerns in the United States, with officials warning the reform threatens Mexico’s democracy and rule of law.

Supreme Court Justice Juan Luis González Alcántara proposed a potential compromise, suggesting that only the top judicial roles stand for election while sparing thousands of other positions. It remains uncertain, however, if this solution would gain sufficient support from other justices, the president, or Morena leaders.

Although Sheinbaum inherited the judicial reform initiative from former president Andrés Manuel López Obrador—who was often at odds with the judiciary—she has shown little inclination to compromise. She accused the court of acting politically and hinted her administration is prepared to respond to any ruling on the reform, stating, “We are prepared, whichever way they vote.”