Mexico’s Senate has officially approved a highly debated judicial reform allowing judges to be elected through popular vote. Advocates argue this measure enhances accountability among judges towards the Mexican populace, while opponents contend it erodes the nation’s system of checks and balances, potentially consolidating power within the ruling Morena party.
The reform has ignited widespread protests, culminating in demonstrators breaking into the Senate chambers ahead of the critical vote. The legislation, now cleared by the Senate, has garnered support from President Andrés Manuel López Obrador.
In a tense late-night session, the debate was interrupted as protesters shouted “the judiciary will not fall,” forcing lawmakers to move to an alternate location to proceed with the vote early Wednesday morning. Senators cast their votes individually, with notable support from Senator Miguel Ángel Yunes of the National Action Party, ultimately securing the two-thirds majority required for constitutional amendments.
The successful passage of the reform signals a significant achievement for President López Obrador, who is nearing the end of his term on September 30. The president, having experienced conflicts with the Supreme Court, has positioned this reform as a response to a judiciary he claims serves the interests of the powerful, particularly in the face of challenges against his policies in the energy and security sectors.
Under this new framework, judges, magistrates, and even Supreme Court justices will now be subject to public elections. Supreme Court Chief Justice Norma Piña has voiced strong opposition, warning that this approach may compromise judicial independence, forcing judges to prioritize popular opinion over impartiality.
The escalation of protests from law students and judicial sector employees demonstrates the divisive nature of the reform, as many took to the streets to express their discontent. Despite significant opposition, the bill passed effortlessly through the Chamber of Deputies, aided by the Morena party’s significant majority.
While proponents maintain that this reform reflects the will of the people, critics fear for the judiciary’s independence with both executive and legislative branches under Morena’s influence. Concerns regarding potential impacts of these changes have drawn attention beyond Mexico’s borders, with U.S. Ambassador to Mexico, Ken Salazar, warning that the direct election of judges poses “a major risk to the functioning of Mexico’s democracy.”
The financial markets have responded with anxiety; in the lead-up to the vote, the Mexican peso depreciated as the prospect of the reform grew increasingly palpable. The most controversial aspect, the popular election of judges, accompanies additional measures that permit anonymous judges to oversee cases involving organized crime—a move designed to bolster their safety but raises significant concerns about defendants’ rights to a fair trial, according to human rights organizations.