The Supreme Court of Justice of the Nation dismissed the unconstitutionality actions presented by four political parties and a legislative minority against the judicial reform, Therefore, the aforementioned reform will remain in force in all its terms.
The minister’s position was key in the decision Alberto Pérez Dayánwho broke with the block of eight necessary to have a qualified majority and approve the project presented by Minister Juan Luis González Alcántara Carrancá.
This proposed invalidating the election of judges and magistrates through lists and popular vote, but endorsing the election of ministers and electoral magistrates through that same method.
It was a tense session, especially at the time of voting, and there were complaints between the two blocks of jurists. Pérez Dayán joined the ministers Lenia Batres, Yasmín Esquivel and Loretta Ortiz, all proposed by Andrés Manuel López Obrador. This group voted in the sense that political parties cannot challenge changes to the Constitution through unconstitutionality actions.
Ministers in favor of the Alcántara Carrancá project
Therefore, only seven ministers voted for the admissibility of unconstitutionality actions to challenge the judicial reform. In the block that proposed reviewing the constitutional reform were Norma Lucía Piña Hernández, Margarita Ríos Farjat, Juan Luis González Alcántara Carrancá, Jorge Mario Pardo Rebolledo, Luis María Aguilar Morales, Javier Laynez Potisek and Alfredo Gutiérrez Ortiz Mena.
Read. Discussion of the reform of the Judicial Branch in the SCJN
With this determination, the Supreme Court did not go into the substance of the matter and did not review the constitutionality or unconstitutionality of the different fractions of the judicial reform.
Minister Alberto Pérez Dayán announced his vote against the admissibility of the unconstitutionality action presented against the approval of the judicial reform, arguing that the parties are not legitimate to present said challenge.
What did Minister Pérez Dayán say?
After regretting the approval of the judicial reform that interrupts the life projects of the officials of the Judicial Branch of the Federation, Minister Pérez Dayán warned that he does not agree with changing the criterion that political parties can only challenge electoral laws, for which is why there is no room for challenging a general norm such as judicial reform.
Minister Alberto Pérez Dayán broke the consensus of the majority bloc in the Supreme Court. With this, like Senator Miguel Ángel Yunes, he will have to bear the historical consequences of having handed over control of the Judiciary to Morena. pic.twitter.com/Apk6AwEAC6
— Pascal (@beltrandelrio) November 5, 2024
Minister Alberto Pérez Dayán also warned that invalidating the judicial reform based on the unconstitutionality actions of political parties is equivalent to combating “the foolishness” of the judicial reform with “a new foolishness.”
No matter how much I try to convince myself otherwise, to resolve the meaning of what the proposal proposes, I say this with all due respect and exclusively in the jurisdiction of my own person, to respond to a nonsense irresponsibly brought to the supreme text with another foolishness, equivalent to forcing the exercise of a power that was not conferred on me in the knowledge of an institutional action,” he concluded.
Message from Alito Moreno to Pérez Dayán
For his part, the president of the National Executive Committee of the PRI, Alejandro Moreno, called on Minister Pérez Dayán to “not allow himself to be pressured” and to exercise a free vote in the discussion on the constitutionality of the reform of the Judiciary. with his mind on the defense of the Republic, the division of powers, the rule of law and the Constitution.
In a message addressed to the minister, through his social networks, the senator and national leader of the tricolor stated that “dissenting from the ruling party carries its costs,” and recalled that “to be an opposition member in Mexico, today you must have character, firmness and determination.” “, since “the government is low, rude and mean, in order to achieve its objectives.”
Today, in one of the most important sessions in the history of the Supreme Court of Justice of the Nation, we have seen the unusual “turn” that a Minister of the Supreme Court has taken.
I am referring to Minister Alberto Pérez Dayán, who, with his procedural “turn”, has assured that the…
— Alejandro Moreno (@alitomorenoc) November 5, 2024
He told him that “it is time to be a patriot,” and that “Mexico needs it.” President Alejandro Moreno pointed out that today, in one of the most important sessions in the history of the Supreme Court of Justice of the Nation, we have seen the unusual “turn” that the minister has taken.
He asked him if they had already doubled it, after reporting that last week, through an Argentine news portal, it was announced that there were complaints against him for “sexual harassment” in the Mexico City Prosecutor’s Office. He mentioned that the minister denied it, sending a reply. But, he added, “after what was voted today, doubts are growing.”
The Supreme Court of Justice of the Nation has just dismissed the unconstitutionality actions against the reform of the Judicial Branch, a decision notoriously determined by the sudden change of position of the cowardly Minister Alberto Pérez Dayán. A traitor to the people of…
— Alejandro Moreno (@alitomorenoc) November 5, 2024
Reactions after the court ruling
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The approval of the judicial reform in Mexico has prompted significant reactions, particularly regarding its constitutionality and the legitimacy of challenges raised by political parties. Minister Alberto Pérez Dayán expressed regret over the reform’s approval, emphasizing that the current criterion allows political parties to only contest electoral laws, making challenges to the judicial reform questionable. He argued that addressing the reform’s alleged foolishness with a counteracting foolishness would undermine judicial integrity.
Alejandro Moreno, leader of the PRI, urged Pérez Dayán to stand firm against pressure and advocate for the Constitution and the rule of law. He pointed out the risks that dissent against the ruling party entails, stresses that true patriotism is vital right now, and suggests that the minister has undergone an unusual transformation in perspective during this critical session of the Supreme Court.
Following the ruling that dismissed the challenges to the judicial reform, Moreno labeled Pérez Dayán’s change in stance as cowardly and a betrayal of public trust. the situation reflects a complex interplay of politics, legal interpretations, and the implications for Mexico’s judicial independence.