The plenary session of the Supreme Court of Justice of the Nation (SCJN) yesterday admitted three new consultations to analyze the challenges against the reform of the Judicial Branch of the Federation (PJF) and left open the possibility of issuing suspensions to stop said constitutional amendment.
By a majority of six votes against five, it rejected projects by Minister Lenia Batres Guadarrama that proposed to the plenary session to make it clear that the Court cannot grant precautionary measures in the consultations provided for in article 11, section XVII, of the Organic Law of the Judiciary of the Federation.
“It is a constitutional reform against which the amparo trial is not applicable and, as a consequence, neither is the suspension, in such a way that if the judges could grant precautionary measures not provided for in the law, they would be in fact legislating, which contravenes or would contravene the principle of separation of power and could lead to an excessive exercise of power by this Supreme Court,” argued Batres.
The three rejected Batres projects respond to the precautionary measures that judges and magistrates requested to stop the legislative process of the judicial reform, since the requests were without matter
since the reform was enacted on September 15 in the Official Gazette of the Federation (DOF).
With this, the plenary session of the highest court avoided clarifying whether or not it can suspend precautionary measures against the judicial reform. Only Minister Luis María Aguilar made his position clear, pointing out that it is possible.
The projects of Minister Yasmín Esquivel Mossa that proposed scrapping the pending consultations 5/2024, 6/2024 and 7/2024, in which judges and magistrates argued that the reform violates judicial independence, were also rejected by a majority of eight to three votes. and independence of the powers of the union.
With the rejection of Esquivel’s approach, the plenary session also ordered the presidency of the Court to proceed to process the challenges of the judges and return them to the analysis of a single minister.
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