Mexico's Congress advances a contentious bill to make all judges run for election
Sept. 4, 2024, 2:20 p.m.
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MEXICO CITY -- The lower house of Mexico’s Congress approved contentious legislation Wednesday that would launch the most sweeping judicial overhaul of the century by requiring all judges to stand for election.
In a marathon session where lawmakers were forced to meet in a gymnasium after protesters occupied the Congress building, the lower house approved the constitutional change 359-135 in a party-line vote. The measure, requiring a two-thirds majority, was expected to pass by a similar margin in a required second vote later Wednesday before advancing to the Senate.
Mexico's ruling party alleges corruption within the current judicial system and proposes an election for all 7,000 judges to replace the entire judicial branch.
Critics denounce these constitutional amendments as a threat to judicial independence, questioning the feasibility of such a large-scale election without criminal organizations influencing candidate selection.
President Andrés Manuel López Obrador has repeatedly criticized courts that have blocked some of his building projects and policy measures as they violated constitutional and legal norms. The president has pledged for months to expedite a series of measures, such as the judicial reform — as well as a proposal to eliminate almost all independent oversight and regulatory bodies.
The vote was anticipated to be very close in the Senate, although the president’s party appeared poised to secure the single vote it needed there. If approved by the Senate, the constitutional proposal would be forwarded to Mexico's 32 state legislatures, where it must receive approval from a majority of them. López Obrador's party holds a majority in the states.
Critics contend that the measure will severely weaken Mexico's system of checks and balances.
“We should erect a wall of shame that reads: ‘Today marks the downfall of our Republic.’ And it should include the date and all the faces of the Morena congressmen,” declared Paulina Rubio Fernández, a PAN congresswoman, prior to the vote.
The vote on Wednesday was made possible by López Obrador’s Morena party and its allies securing overwhelming majorities in the June 2 elections.
The all-night session followed protests on Tuesday where demonstrators blocked the entrance to Mexico’s Congress to demand a discussion on the judicial reform .
The proposed reform has sparked widespread protests by judges, court employees, and students across Mexico in recent weeks. On Tuesday, protesters reached a turning point by blocking entrances to the lower house of Congress with ropes to prevent legislators from entering. This occurred as Mexico’s Supreme Court, in a vote of 8-3, decided to join the strikes, adding more momentum to the protests .
“The ruling party could seize control of the judicial branch, effectively ending democracy,” warned protester Javier Reyes, a 37-year-old federal court worker. “Their goal is to take over Mexico.”
The current system promotes judges and court secretaries, who serve as judges’ assistants, to higher positions based on their performance. However, the proposed changes would allow any lawyer with basic qualifications to run, with some candidates selected by a random draw.
Mexico's judicial system has long grappled with corruption and lack of transparency. However, in the past 15 years, reforms have been implemented to promote openness and accountability, including shifting from closed-door, paper-based proceedings to a more transparent, oral argument format.
Both domestic and international voices contend that the new changes might represent a step backward in efforts to improve the integrity of the courts.
U.S. Ambassador Ken Salazar expressed significant worry on Tuesday, stating that the changes “could severely harm relations, and it’s not just me saying that.” Salazar has identified the election of judges as a primary issue with the reform, asserting that it would negatively impact investment and the Mexican economy.
López Obrador stated last week that he has temporarily halted relations with the United States and Canadian embassies “on pause” after both countries expressed concerns regarding the proposed judicial reform.
President-elect Claudia Sheinbaum, a close associate of López Obrador, reiterated her defense of the reform on Tuesday night, stating on the social media platform X that it “does not impact our commercial relations, nor national or foreign private investments. On the contrary, it will enhance the rule of law and democracy for all.”
“If judges, magistrates, and ministers are chosen by the people, how can there be authoritarianism?” she further questioned.
The proposed modifications would encompass approximately 7,000 judges across various levels and would establish a timeframe for judges to adjudicate numerous cases, aiming to address a tendency for certain trials to extend over decades. More controversially, the reforms would also introduce “hooded judges” to preside over organized crime cases; their identities would be kept confidential to prevent retaliatory actions.
The proposed changes would significantly limit the courts' ability to intervene in government initiatives or laws based on citizen appeals. This move could also solidify the president's party's political influence long after López Obrador leaves office at the end of this month.
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