Mexico City.- A federal judge from Cuernavaca granted today a definitive suspension with which she intends to prevent the approval of the judicial reform, which was already voted on in the Chamber of Deputies and passed to the Senate.
Martha Magaña López, Fifth District Judge in Morelos, granted the suspension in the same injunction in which, last Saturday, she had granted a provisional measure prohibiting the deputies from discussing this ruling.
The deputies refused to comply with this order, so now, the effect of the suspension is that the bill will not be discussed in the Senate, nor sent to the legislatures of the States to complete the process of constitutional reform. “(The ruling) cannot be considered and even less approved by the new legislature and they must refrain from sending it to the Legislatures of the States and of Mexico City for approval, until the amparo trial is definitively resolved,” says the resolution.
“At the moment that the legislative process is underway, that is, in relation to the draft constitutional reform initiative that will be voted on in the Senate and then approved by local legislatures, it is feasible to suspend the challenged act in order to analyze it, in light of the complaints of the complainants, since it has not materialized,” he added.
The president of the Senate, Gerardo Fernández Noroña, from Morena, already announced today that nothing will stop the reform process, so it is foreseeable that this suspension will be ignored, like other judicial resolutions of the last two years that Congress has not complied with, including several from the Supreme Court of Justice. In fact, the Upper House announced that it will discuss the ruling in committees on Sunday, with the idea of passing it to the Plenary in the middle of the week. In the event of a violation of a suspension, judges can only report the probable crime of abuse of authority to the FGR, which in recent years has received several complaints of this type against high-ranking government officials, but has not acted against any of them. The effect of not sending the reform to the local Congresses is also foreseen in the provisional suspension that a federal judge from Chiapas granted on Saturday, which does not prohibit approval in both chambers of the Congress of the Union. Judge Magaña granted the suspension in an injunction filed by four federal judges, who, like half of their colleagues across the country, will have to submit to election by popular vote in June 2025, or leave office. In 2022, the Supreme Court issued jurisprudence establishing that the Constitution cannot be revised by the Judiciary through injunctions, but the judge considers that she is only intervening in the legislative process, although to do so, she is ruling on the content of the reform. “If the complainants are intended to dismiss them from their positions as federal judges without the right to a hearing and without the right to any compensation, it being sufficient to amend the text of the Constitution, it is clear that the suspension must be granted so that the act they claim is not formalized in the supreme norm, since if it were, it would be possible for it to be unassailable,” says the suspension.
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