Mexico in turmoil as Senate approves contentious judicial overhaul

Mexico in turmoil as Senate approves contentious judicial overhaul
Critics argue that this change threatens judicial independence and could undermine the checks and balances essential to Mexican democracy. / Eneas De Troya
By Alek Buttermann September 11, 2024

Mexico is in turmoil following the Senate’s approval of a sweeping judicial overhaul spearheaded by outgoing President Andrés Manuel López Obrador. The reform, which allows judges at all levels to be elected by popular vote, was passed on September 10, despite fierce opposition from legal professionals, business leaders, and international partners. 

Critics argue that this change threatens judicial independence and could undermine the checks and balances essential to Mexican democracy, as many fear elected judges could be easily manipulated by criminal organisations.

For his part, Lopez Obrador hailed the reform as an "example to the world," arguing that it would help fight corruption and single out civil servants who "serve the interests of the political and economic elite."

The bill passed after contentious political manoeuvring in the Senate. Opposition senator Miguel Ángel Yunes Márquez took a leave of absence due to health issues and was replaced by his father, Miguel Ángel Yunes Linares, who cast the decisive vote in favour of the reform. His decision to support the bill sparked accusations of political collusion and corruption, with some alleging that his vote was secured through a deal with the ruling leftist Morena party. This shift led to outrage from the opposition, with some senators calling him a “traitor” and accusing him of selling out the nation.

Protests have intensified in recent weeks, with judicial workers, law students, and opposition members rallying against the reform. On September 10, protesters stormed the Senate in an attempt to block the vote, forcing the body to recess temporarily. Hundreds of demonstrators broke into the chambers, chanting, "The judiciary isn’t going to fall." The protests reflect widespread fears that electing judges could open the judiciary to political interference, with candidates potentially beholden to special interests or criminal cartels.

Despite the chaos, the Senate approved the reform in an 86-41 vote, and it now awaits ratification by 17 of Mexico’s 32 state legislatures. López Obrador and his supporters claim that the reform is needed to combat corruption and to democratise the judiciary. However, opposition members, including Chief Justice Norma Piña, warn that the move could compromise judicial impartiality, weaken the rule of law, and create long-term instability.

International criticism has also been fierce. US Ambassador Ken Salazar labelled the reform a "risk to democracy" and an economic threat, while investors are concerned about its impact on Mexico’s business environment. The Mexican peso has plummeted, reflecting the market’s anxiety over the country’s political future.

As President-elect Claudia Sheinbaum prepares to take office on October 1, she inherits a country divided over the reform. While she supports the changes, many fear that the overhaul could overshadow her administration’s early days, forcing her to manage a heavy political and economic fallout. Critics view López Obrador’s last-minute push for the reform as an attempt to consolidate power, risking both his legacy and Mexico’s democratic institutions.

The passage of the judicial reform marks a turning point for Mexico, raising questions about the future of its judiciary and the balance of power in the nation’s political system. 

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