President Andrés Manuel López Obrador spoke energetically against the project presented by Minister Javier Laynez Potisek in the Supreme Court of Justice of the Nation (SCJN), which seeks to invalidate the second part of the electoral “plan B”.
According to the president, this action constitutes an invasion and an interference in the Legislative Powerwith the aim of “correcting the plan”.
At his morning press conference at the National Palace, López Obrador accused the SCJN of becoming a “supreme conservative power” that defends the interests of the conservative minority.
The head of the Executive assured that this case is formal, but “in the form there is substance” when it comes to the interference of a power in matters that are the responsibility of another.
“They were telling me that the project that they are going to present does not even go to the bottom, it remains in the form, and I also consider that it is an invasion, an interference with the Legislative Power, they are going to correct the plan of the Legislative Power, already turned into supreme conservative power in defense of the conservative minority,” said the man from Tabasco.
“They are arguing that the law was not discussed in Congress, it was not discussed enough when it was discussed and the conservative bloc in Congress did not even want to participate in anything, that is why they are going to annul the electoral law.”
He affirmed that, despite the fact that the law was discussed in Congress, the conservative bloc refused to participate in the process.
The president expressed his disagreement with the fact that Minister Laynez Potisek intends to introduce an element not mentioned by the opposition to invalidate the electoral Plan B, which violates the principle of impartiality that should govern the judicial system.
The Laynez Potisek project
In his draft ruling, Minister Laynez Potisek proposes declaring the challenged decree totally invalid without delving into an exhaustive analysis of the questioned norms, which would unnecessarily delay the necessary transformation of the Mexican electoral system.
During the plenary session of the SCJN held on May 8, 2023, Minister Javier Laynez defended the impossibility of demanding from the Congress of the Union a precise justification for the waiver of the ordinary procedure, arguing that the merits of the decision cannot be judged. urgent and obvious. However, he has now changed his mind without presenting a clear justification.
The investigating minister’s project mentions an alleged confusion that would have prevented minority deputies from understanding what proposal was being discussed.
However, the Legal Counsel of the Presidency points out that this confusion attributed to the opposition should not influence the analysis of the constitutionality of the challenged norms.
He pointed out that the fact that the opposition legislators did not pay due attention to the publication of the initiative and to the leadership of the Board of Directors in charge of deputy Santiago Creel Miranda, is not a sufficient reason to invalidate a law approved by the majority of Congress. of the Union.
In addition, Minister Laynez Potisek, with the aim of favoring the claims of the opposition, converts the decision of the minority parliamentary groups not to participate in the deliberative process during the approval of the reforms to the electoral laws, into alleged deficiencies of the legislative procedure to invalidate the contested decree.
In the event that the investigating minister’s project is approved, the SCJN would be transforming into a mere instance of procedural verification at the service of parliamentary minorities, renouncing its role as constitutional reviewer of the norms.
This would imply annulling the will of the majority of the population, which granted a constitutional mandate to the Legislative Power to transform the current electoral regime for the benefit of the people of Mexico, said the Legal Department
He added that the possible approval of this project would mean a setback for democracy and popular sovereignty, since the legislative efforts and the will of the majority of the elected representatives would be dismissed.
The initiative presented by Minister Laynez Potisek seems to focus more on procedural aspects and rule out the substantive analysis of the challenged rules. This raises concern, since the SCJN should play a fundamental role as a guarantor of constitutionality and as a defender of popular rights and will, he noted.
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