Early Wednesday, Mexico’s Senate voted to overhaul the judiciary, clearing the most significant hurdle for a controversial constitutional amendment requiring all judges to stand for election. Critics fear this change could politicize the judiciary and threaten Mexico’s democracy.
The vote followed protests, with hundreds of demonstrators storming the Senate on Tuesday after it became clear that the ruling Morena party, led by outgoing President Andrés Manuel López Obrador, had secured the necessary votes. Judicial employees and law students had been protesting for weeks, warning that electing judges could undermine judicial independence and the checks and balances system.
The legislation passed easily in the lower chamber, where Morena holds a supermajority, but the Senate vote required defections from opposition parties. One came from the conservative National Action Party (PAN), whose lawmaker switched sides and was expelled from the party on Wednesday. Both Senate votes passed 86-41, with the chamber erupting into cheers of “Yes, we could!”
The bill now needs ratification by at least 17 of Mexico’s 32 state legislatures, and Morena is expected to have sufficient support. Oaxaca’s legislature ratified the amendment just hours after the Senate vote.
López Obrador, known for his opposition to independent bodies and criticism of judges, claims the reform will help fight corruption by making it easier to hold judges accountable. Critics argue it would weaken the judiciary, stack courts with pro-government judges, and leave the system vulnerable to political and criminal influence.
The reform has raised concerns among investors and prompted U.S. Ambassador Ken Salazar to warn that it poses a “risk” to democracy and economic stability, leading López Obrador to put relations with the U.S. Embassy “on pause.”
Experts believe the reform is almost certain to proceed, though challenges could be brought to the Inter-American Court of Human Rights, which might consider it a violation of international treaties ensuring judicial independence. However, any such challenge could be framed as foreign interference, complicating the process. Mexico’s Supreme Court may also be a venue for challenging the reform, but overturning it would be difficult.
President-elect Claudia Sheinbaum, who takes office on October 1, celebrated the passage of the reform, stating that electing judges will strengthen the justice system and move Mexico away from corruption.
López Obrador acknowledged the opposition to the plan but reiterated that it is vital for tackling corruption and impunity. However, some experts warn that the overhaul may have the opposite effect, giving more power to corrupt individuals and criminals.
On Tuesday, after Morena secured the necessary votes, protesters with pipes and chains stormed the Senate, with some fainting during the chaos. The protesters claimed that lawmakers were ignoring their concerns and chanted, “The judiciary isn’t going to fall!” while waving flags and opposing signs.
Alejandro Navarrete, a 30-year-old judicial worker, expressed his dismay at the reform, stating that he felt compelled to protest to prevent the country from moving toward dictatorship. Although the protesters’ actions were not violent, they made it clear that they would not allow the government to lead them into authoritarianism.