AMLO’s judicial reforms undermine democracy in Mexico: Bar Association

President Andrés Manuel López Obrador’s judicial reforms constitute a direct threat to judicial independence, violate international standards and undermine democracy in Mexico, warned the Mexican Bar Association; the Stanford Law School Rule of Law Impact Lab and the Inter-American Dialogue Rule of Law Program.

They pointed out that the proposals include the election of judges – including the ministers of the Supreme Court of the Nation – by popular vote; the reduction of their mandates; linking their salaries to those of the executive branch; and the creation of a Judicial Disciplinary Court, whose members would be elected by popular vote.

They reiterated that the constitutional reform initiatives seek to dramatically affect the judicial powers of the entire country, to the detriment of the human rights of all Mexicans.

They noted that electing Supreme Court justices, federal judges, and justices by popular vote would create incentives for them to issue decisions to satisfy political groups, instead of impartially deciding cases based solely on the facts and in law and that reducing the judicial mandate to coincide with the presidential six-year term further politicizes the selection of judges.

They affirmed that the creation of a Judicial Disciplinary Court elected by popular vote, whose mandate would coincide with the presidential one, and whose decisions would be final and unappealable, could become a weapon against judges – including the ministers of the Supreme Court of the Nation – that adopt decisions adverse to the government in power.

“A decisive victory in the legislative elections for the ruling party, Morena, could strengthen its control over Congress, potentially perpetuating López Obrador’s populist project by further undermining checks and balances in the country. Claudia Sheinbaum, the party’s candidate ruling party, has publicly supported the election of judges by popular vote, although it remains to be seen to what extent he will apply López Obrador’s policies if he wins.