MÉRIDA.- The presidency of the Senate of the Republic received this morning the resignations of eight of the 11 ministers of the Supreme Court of Justice of the Nation (SCJN).
These are Alfredo Gutiérrez Ortiz Mena, Margarita Ríos Farjat. Jorge Mario Pardo Rebolledo, Alberto Pérez Dayán, Javier LainezJuan Luis Alcántara, Luis María Aguilar; in addition to the current president of the court, Norma Piña.
Likewise, the Court reported that the aforementioned ministers declined to participate in the process for the election of ministers scheduled for June 2025.
Ministers Yasmín Esquivel Mossa, Loretta Ortiz and Lenia Batres Guadarrama, identified as Morena, are the only ones who have not resigned.
What does the constitution say about the resignation of a SCJN minister?
The Political Constitution of the United Mexican Statesin articles 96 and 98 that talk about the Judicial Power, specify what will happen and one minister of the Supreme Court of Justice of the Nation (SCJN) resigns from his position.
If a Minister dies o absence for any reason of definitive separationthe President will submit a new appointment to be approved by the Senate in the terms of article 96.
The law says that the resignation of a Supreme Court minister it is possible if there are serious causes. Afterwards, the Executive Branch must accept the resignation and it is subsequently sent to the Senate for approval.
The SCJN may grant licenses to Ministers, who do not exceed one month; while those that exceed of this time, the will be granted by the President of the Republic with the approval of the Senate. Furthermore, no license may exceed a term of two years.
In article 96, it is stated that “to appoint the Ministers of the Supreme Court of Justicehe President of the Republic will submit a shortlist for consideration by the Senatewhich, after the appearance of the proposed persons, will appoint the Minister who must fill the vacancy. The designation will be made by the vote of two-thirds of the members of the Senate present, within the non-extendable period of thirty days. If the Senate does not resolve within said period, the person designated by the President of the Republic will occupy the position of Minister.
What happens if the Senate rejects the proposal?
In the event that the Senate rejects the entire proposed shortlist, the President of the Republic will submit a newin the terms of the previous paragraph, but if this second shortlist was rejected, will occupy the position the person who, within said shortlist, designates the President of the Republic.
Read: Norma Piña resigns from the presidency of the Supreme Court
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**Interview with Legal Analyst Maria Gonzalez on Supreme Court Resignations in Mexico**
**Editor:** Welcome, Maria! Thank you for joining us today to discuss the significant resignations in Mexico’s Supreme Court. Can you start by sharing the context behind these surprising resignations?
**Maria Gonzalez:** Thank you for having me! Yes, this is indeed a pivotal moment in Mexico’s judiciary. Eight of the eleven ministers of the Supreme Court of Justice, including the court’s president, Norma Piña, have resigned. This mass resignation comes ahead of a scheduled election process for new ministers in June 2025, which has raised questions about the motivations behind their decision.
**Editor:** That’s quite an unusual occurrence. What implications do you believe this will have for the legal system in Mexico going forward?
**Maria Gonzalez:** This could lead to significant shifts in the judicial landscape. With many of the court’s seasoned justices stepping down, we could see changes in legal interpretations and decisions on important matters. The remaining justices, identified as part of Morena, have a different ideological stance, so their influence will likely reshape the court’s dynamics.
**Editor:** Have any specific reasons emerged for these resignations?
**Maria Gonzalez:** While the exact reasons aren’t entirely clear, it seems to be linked to ongoing judicial reforms and pressures within the government. Many speculate that the justices were concerned about their independence and the future of the judiciary amidst these reforms, prompting them to decline involvement in the upcoming electoral process.
**Editor:** Interesting. So, what does the Mexican Constitution say regarding the resignation of Supreme Court ministers?
**Maria Gonzalez:** The Political Constitution of the United Mexican States stipulates that resignations can happen for serious causes. Any resignation must ultimately be accepted by the Executive Branch, and then sent to the Senate for approval. This set of protocols is crucial for maintaining checks and balances within the judiciary.
**Editor:** With the resignations in mind, how do you foresee the public and political reactions to this development?
**Maria Gonzalez:** Public reaction may vary. Some may view this as a necessary step towards a more reform-oriented judiciary, while others could perceive it as a troubling sign of political interference in the courts. These reactions could influence upcoming elections and shifts in public opinion regarding governmental oversight of the judiciary.
**Editor:** Thank you, Maria, for your insights on this critical issue. It seems that the coming months will be critical for Mexico’s judicial system and its autonomy.
**Maria Gonzalez:** Absolutely! I think we’ll be watching closely as this unfolds in the legislative and judicial spheres. Thank you for having me!
