Mexican congress advances controversial judicial reform after 12-hour session

MEXICO CITY (CN) — After a tense 12-hour session, Mexico's lower house of Congress approved judicial reform that has sparked protest across the country with 359 votes in favor to 135 against, with the ruling Morena and its allied parties securing the two-thirds majority of votes needed for constitutional changes.

The marathon session — held at the Sala de Armas sports complex rather than the usual Legislative Palace, which was blocked by protestors Tuesday when the session started — confirmed the largest judicial overhaul in the country's modern history.

The judicial reform, introduced on Feb. 5 as one part of 20 other constitutional reforms, would see judges and magistrates of the Federal Judicial Branch be chosen by popular vote as opposed to a system based on professional proficiency, which critics say could lead to corruption and favoritism and an end to a "career" as a judge. Mexico's 32 state judiciaries would also be chosen through a popular vote system.

Representatives against the reform framed it as an undemocratic and personal attack from the executive branch, deeming it a reform that holds the judicial branch hostage.

"Listen well, democracy is not submitting to the will of a single person, nor a single party, not a renter of a [presidential] palace, nor a president who is going to betray her people, and betray the legacy of the women who have fought to be able to have the first president in this country," said Nuevo León National Action Party representative, Annie Sarahí Gómez Cárdenas during an impassioned speech.

"This initiative was only written by the pen of hatred, by the pen of resentment, by the pen of revenge. This initiative was written with the one objective of seizing power of the judicial branch to weaken it, so that Mexicans do not have autonomous and impartial justice. The initiative wants to destroy the judicial power, a power that has remained firm against the attacks from this government," said Mexico City National Action Party representative, Héctor Saúl Téllez Hernández.

Mexico's judicial workers have been on strike in response to the judicial reform since Aug. 19 when they closed down court buildings. They were joined by the Supreme Court of Justice of Mexico on Sept. 3 after an 8-3 vote in favor of pausing their normal activities in rejection of the reform until Monday, Sept. 9 when a new vote will be taken.

Those defending the reform in the grueling congressional session that lasted until the early morning hours of Wednesday see the reform as a necessary retooling of a failed judiciary that submits itself to outside judges that have too much power.

"It makes me sad how the legislators who once defended the autonomy of the legislative power defend the subordination of the permanent constituents to a judge. The legislative power cannot be subordinated by any one judge or authority other than our own sovereignty," said Morena Party Senator Majority Leader, Ricardo Monreal Ávila.

President-elect Claudia Sheinbaum expressed her commitment and approval of the reforms, seemingly in response to some critics who say the reform could damage trade relations and investment.

"More democracy, more justice, more freedom. The judicial reform does not affect either our trade relations, or national or foreign private investments. On the contrary, there will be more and better rule of law and more democracy for all," she posted on X, formerly Twitter, during the congressional session.

The Mexican Institute of Finance Executives also asked Congress to reconsider the judicial reforms at the end of August, as the peso lost 1.75% of its value to the dollar, and Citibanamex warned on Aug. 21 that markets are underestimating Mexico President Andrés Manuel López Obrador's judicial reforms.

The prominent business organization Employers Confederation of the Mexican Republic joined the judicial strikers on Aug. 21 in condemning the reforms.

U.S. ambassador to Mexico, Ken Salazar, sparked controversy within Mexico when he expressed his own concerns about the reform, which caused a diplomatic pause between embassies at López Obrador's request.

"If it is not done well, it can cause a lot of damage to the relationship," Salazar said on Sept. 3 at an embassy press conference.

During his morning press conference on Sept. 4, López Obrador said he had nothing to say regarding Salazar's statements.

"No comment. One is also the owner of one's silence and sometimes hostage to what one says," he said.

World Justice Project, an independent organization, has Mexico 116th in their overall rule of law index score out of 142 countries based on nine factors including constraints of government powers, absence of corruption, open government, fundamental rights, order and security, regulatory enforcement and civil and criminal justice.

The reform now heads to the Senate for more deliberations on Sept. 11. Though the Morena party is just one vote off from the two-thirds majority in the Senate, the reform is still expected to pass.

More protests are planned this week in response to Tuesday night's judicial reform approval.

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