A federal judge in Cuernavaca yesterday ordered the Chamber of Deputies not to begin discussing the bill on reforms to the Judicial Branch, scheduled for tomorrow.
Martha Eugenia Magaña, Fifth District Judge in Morelos, granted a provisional suspension on Friday, ordering that the ruling not affect the four federal judges who filed the appeal.
“Which implies that said project in particular cannot be discussed and voted on by the Chamber of Deputies of the new Legislature (which is installed this Monday),” says the suspension issued in amparo 1251/2024. The ruling provides for the election by popular vote of all the Judges of the Country, including, in June 2025, the Ministers of the Court, Magistrates of the new Judicial Disciplinary Tribunal, and half of the approximately 1,650 federal Judges and Magistrates.
In theory, the deputies would not be able to discuss the ruling until at least September 4, when the judge will decide whether the suspension is definitive.
But in practice, it is likely that the deputies will ignore the order, as Congress has already done in other cases in this six-year term, for example, when another Judge repeatedly ordered the Senate to appoint missing INAI commissioners. In the event of a violation of a suspension, the 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. Several Judges have already refused to grant suspensions in amparos filed by their colleagues against this reform, since traditionally the Federal Judicial Branch cannot intervene in legislative processes to subject them to its control. In addition, in Chiapas, Felipe Consuelo Soto, Third Judge of Amparo and Federal Trials, granted a provisional suspension yesterday, which does not stop the discussion of the reform, but does prevent it from being implemented. In amparo 1190/2024, it states that the Chambers can continue with the legislative process, but if they approve the opinion, it prohibits them from sending the respective decree to the state legislatures, of which at least half plus one must give their approval to complete the reform to the Constitution.
Morena rules out complying
Following suspensions related to judicial reform, Ricardo Monreal, coordinator of Morena in the Chamber of Deputies, warned that any resolution by any judge on this matter is inadmissible and inappropriate. “This legislative majority categorically and energetically determines that it does not and will not submit to the jurisdiction of the court or courts that order it because they do not have the authority to do so, because the analysis and discussion and, where appropriate, approval of the opinion regarding the constitutional reform in judicial matters cannot be suspended,” he said in a video. Monreal described as absurd, grotesque and ignorant the provision to suspend the acts of another Power through an injunction.
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