Senators Greenlight Judicial Reform

The Senate has passed President López Obrador's Judicial Reform, which includes a proposal for judges to be nominated through popular vote. Legal experts, business leaders, and international organizations view the reform as a potential deterrent to investment, which now requires approval from local congresses.

After the Chamber of Deputies approved the Judicial reform on Sept. 4, 2024, the bill was forwarded to the Senate, where the ruling party, MORENA, was one vote short of the qualified majority needed to pass a constitutional amendment. However, the ruling coalition, formed by MORENA, PT, and PVM, claimed they had enough votes to pass the reform but did not specify which parties the additional support would come from.

The discussion on the reform at the Senate on Sept. 10, 2024 was turbulent, with opposition leaders accusing the officialist coalition of blocking senators from attending the debate and protesters storming the Senate chamber. Early in the session, Clemente Castañeda, leader of Movimiento Ciudadano party (MC), claimed that Senator Daniel Barreda and his father had been arrested, directly accusing Campeche Governor Layda Sansores of involvement. Both Adán Augusto López, MORENA’s coordinator, and Senate President Gerardo Fernández Noroña denied the arrests, with Noroña stating that Barreda was in Mexico City. Despite these denials, MC insisted Barreda was unaccounted for, while another party member reported that although Barreda was not detained, his father was.

PAN Senator Lilly Téllez accused Morena of orchestrating Barreda’s disappearance. Later, Barreda appeared in a video from Campeche, contradicting claims he was in Mexico City.

The situation intensified when PAN Senator Miguel Yunes Márquez stopped communicating with his party, raising suspicions about his alignment with the ruling party. He requested leave due to health issues, allowing his father, Miguel Yunes Linares, to take his seat. Linares' arrival, supported by MORENA members, led to a confrontation with PAN leader Marko Cortés. "It would have been more decent, if you had taken our call and told us: ‘I am going to betray you,’" said Cortés from the podium. 

After protesters opposing the Judicial Reform broke into the Senate, the Old Mansion of Xicoténcatl, the former house of the Senate, was designated as an alternate location to continue the discussion. Yunes Márquez eventually arrived in Xicoténcatl to cast his vote in person.

The reform was approved with 86 votes in favor and 41 votes against in the early hours of Sept. 11, 2024. All opposition senators voted against the reform except for Barreda, who was absent, and Márquez, who voted in favor, arguing that the reform could be effectively directed when establishing its ruling norms. "I know that the judicial reform proposed to us is not the best. I also know that in the secondary laws we will have the opportunity to refine and implement it. Therefore, in the most difficult decision of my life, I have decided to cast my vote in favor of the bill to create a new model of justice delivery," he said. 

What is Next After for the Judicial Reform?

A draft decree for the Judicial Reform was sent to the local congresses of the 32 states for approval. As a constitutional reform, it must be approved by two-thirds of both the Chamber of Deputies and the Senate, as well as by the majority of the legislatures in all 32 states, which is most likely to happen as MORENA and allies have a majority in 27 local congresses. 

Once the reform is approved by Congress, it will be sent to the President, who must either sign and promulgate the law or object to it. If the President agrees, it will be formally approved and the president will order its promulgation, in accordance with Art. 72 of the Mexican Constitution, taking effect on the day it is published in the Official Gazette (DOF). 

At the time of writing, two states have approved the reform. Oaxaca was the first, passing it with 41 votes in favor. The second state to greenlight the reform was Tamaulipas, where the vote was supported by the permanent deputation controlled by MORENA.