Guanajuato, first state to promote a constitutional controversy

At least 138 amparo lawsuits have been filed against the reform of the Judicial Branch of the Federation. Some are being processed in federal courts and a dozen more before the Supreme Court of Justice of the Nation (SCJN), among them the constitutional controversy recently promoted by the government of Guanajuato.

The controversy 286/2024 promoted by the former governor of Guanajuato Diego Sinhue Rodríguez Vallejo was published last Friday in the Court’s electronic lists, as one of his last acts of his administration, which concluded on September 26.

The controversy, the first presented by a state authority against the constitutional amendment, was admitted for processing by Minister President Norma Lucía Piña Hernández and handed over to Minister Juan Luis González Alcántara Carrancá, who will decide whether to admit or reject the appeal.

Until yesterday, the arguments that Rodríguez Vallejo presented in the controversy were not made public nor whether he requested the suspension of the reform, as a precautionary measure.

In addition to said appeal, judges and magistrates have in recent weeks filed appeals before the Court against the judicial reform that were processed in 11 pending consultations, of which the plenary session has admitted four.

From September 15 to October 3, there were 138 requests for protection against the judicial reform before federal courts, of which 35 have already been admitted for processing, Minister Lenia Batres Guadarrama reported yesterday.

It should be noted that of the 138 requests for protection against the judicial reform, in more than half the judges have declared themselves impeded or legally incompetent. However, they should have been declared this way 100 percent, given the express inadmissibility contained in article 61, section I, of the Amparo Law.he said in a statement.

Batres relied on public data from the Comprehensive File Tracking System of the Federal Judiciary Council (CJF).

He explained that 35 amparos have been admitted, eight rejected, 70 declared under impediments or incompetence and 27 pending processing.

Yesterday, Minister Yasmín Esquivel Mossa warned that the SCJN cannot suspend the process of electing ministers, magistrates and federal judges that the National Electoral Institute (INE) has already started.

Esquivel expressed his opinion during the plenary session, to refute the statements of Minister Javier Laynez Potisek, who stated that the Court can suspend said electoral process.