José Antonio Belmont and Omar Brito
Mexico City /
The plenary of the Supreme Court of Justice of the Nation invalidated by nine votes against two the first part of the electoral reform known as plan B.
The majority of ministers concluded that there were “serious violations of the legislative procedure” to approve the reforms to the General Law of Social Communication and the General Law of Administrative Responsibilities.
This leaves a precedent for the resolution of the second part of plan B, as well as for the challenges announced by the opposition to reforms approved by Morena senators and allies on the so-called “black night”, when it was held in a different venue and only with the majority bloc.
The majority of ministers supported the draft Alberto Perez Dayan, who determined that the violation of the process was committed in three areas: the initiative approved by the legislators was not the same one sent by President Andrés Manuel López Obrador; It was processed as “urgent resolution” without justification, and there was no parliamentary discussion because the project was not even known, all endorsed by the majority of Morena and the Labor and Green parties.
“From my perspective, multiple violations of the legislative procedure have been proven, which individually would be sufficient to declare the entire decree invalid, but as a whole (…) it seriously affects Mexican constitutional democracy; I resort to the well-known maxim of Don Benito Juárez: nothing by force, everything by reason and law,” emphasized the Minister Luis Maria Aguilar.
Given that only the legislative process was discussed and not the reforms themselves, the President or the deputies and senators of the block related to the federal government can present an initiative with the same reforms, although they must follow the appropriate procedure and time may not be enough to your application for the 2024 presidential election.
“As with any referee, our decisions will be liked by some and disliked by others; I am glad that this is possible because it accounts for the strengthened pluralism of our nation”, she explained the Minister Margarita Ríos-Farjat.
Only the ministers yasmin esquivel y Loretta Ortiz they considered the reforms of the first part of plan B legal.
Esquivel maintained that the highest court, “out of respect for the division of Powers”, could not “invalidate” the commitments of the Legislature, while Ortiz referred to “procedural economy”, which most of his colleagues concluded that it was about “serious violations of the legislative process.”
“There is no other”
The Secretary of the Interior, Adán Augusto López, accused the ministers of not representing the interests of society, but individuals, and announced that before the annulment of plan B, he will implement a “plan C at the polls.”
“Nine ministers went over the democratic will expressed by the popular representatives. There is no other: plan C at the polls. The Mexican people seek to regain confidence in their institutions, but the Court decided to continue protecting particular interests, ”he wrote on Twitter.
The Mexican people seek to regain confidence in their institutions, but the @SCJN decided to continue protecting private interests.
Nine ministers went over the democratic will expressed by the popular representatives.
There is no other: Plan C at the polls.
— Adam August Lopez H (@adan_augusto) May 8, 2023
The President of the Board of Directors of the Chamber of Deputies, Santiago Creelconsidered that the ruling shows that “dialogue should be privileged and not the fast-track or majority of Morena.”
The coordinator of the Movimiento Ciudadano deputies, Jorge Alvarez, celebrated that the Court has shown the dignity that the Legislature did not have, submitting to the Executive. While that of the PRD, Luis Espinoza ChazaroHe maintained that the rest of the reform “will fall soon.”
Meanwhile, the parliamentary leader of Morena, Ignacio Mierdescribed the annulment as an “outrage” to the Legislature and accused the Court of imposing a “government of the judges.”
While the leader of Morena, Mario Delgadoconsidered the decision unfortunate and warned that it is an attack against the division of powers.
In the afternoon, the Court notified the Senate of the resolution, according to the coordinator of Movimiento Ciudadano, Clement Castanedawho said that it was always trusted that reason was on the side of the opposition.