By James Wagner
On Sunday, Mexico enacted a constitutional amendment that reforms its entire judiciary, signifying the most comprehensive overhaul of a nation’s court system ever undertaken by a prominent democracy.
The outcome highlights the significant impact of President Andrés Manuel López Obrador, who advocated for the legislation. The success of his allies in the June elections provided them with ample legislative majorities to push the divisive proposal through during the closing weeks of his administration. On the cusp of Mexico’s Independence Day, the initiative was announced in the official government gazette, cementing its legal status.
This legislation transitions the judiciary from an appointment-centric structure based largely on qualifications to one wherein voters select judges, reducing the prerequisites to run for office. This change places Mexico on an unprecedented path, the ramifications of which are challenging to predict.
“Things are different now,” López Obrador stated in a video shared on social media Sunday night, alongside his successor, Claudia Sheinbaum. “It’s now the people who govern, the people who decide.”
Approximately 7,000 judges, ranging from the Supreme Court’s chief justice to local court judges, will be required to campaign for their positions under the revamped system. The implementation of these changes will occur gradually, with a significant segment of the judiciary up for election in 2025 and the remainder in 2027.
The administration asserted that the reform was essential to modernize the judiciary and restore confidence in a system marred by corruption, favoritism, and nepotism. Sheinbaum, who assumes office on Oct. 1, has expressed her full support for the initiative.
However, the proposal faced strong opposition from judicial workers, legal scholars, investors, judges, students, opposition legislators, and various other critics. López Obrador’s determination to implement it kept financial markets anxious and resulted in a diplomatic conflict with the U.S. and Canadian ambassadors.
López Obrador first articulated his vision for judicial reform last year. Frustrated by Supreme Court decisions that thwarted some of his administration’s agenda, including the diminishing of Mexico’s electoral oversight agency and military control of the National Guard, he committed to the idea of judges and justices being elected by the public. This maneuver was interpreted by some analysts as retaliation.
“The judiciary is beyond repair; it’s corrupt,” he remarked to reporters at that time, urging his supporters to secure significant congressional majorities at the polls to facilitate the reform and alter the constitution.
Despite protests and strikes by numerous groups, including over 50,000 judges and court personnel in recent weeks, the proposal was swiftly approved in the lower house of Congress, where the president’s party, Morena, possesses a supermajority. The Senate narrowly passed it on Wednesday, despite a delay caused by protesters entering the building.
By Thursday, the legislation received approval from a majority of the 32 state legislatures, fulfilling the final requirement before it could be enacted as law.
“Mission accomplished,” Gerardo Fernández Noroña, president of the Senate, announced on Friday, confirming that the legislation had been sent to López Obrador for official publication.
A significant number of Mexicans have voiced support for the initiative, claiming it could provide them with better leverage in a judicial system that few trust.
Government surveys indicate that 66% of Mexicans view judges as corrupt, with analysts noting that nepotism is still prevalent. A recent review revealed that approximately 37% of judicial officials have at least one family member employed within the courts.
Now, the challenging details begin.
The Senate will need to issue a call for candidates for the thousands of judgeships across the country. Furthermore, Mexico’s electoral agency will have to commence organizing the judicial elections. Eventually, state legislatures will need to amend their local constitutions.
The expectation is that voters will elect all Supreme Court justices next June, reducing their number to nine; members of the newly established Disciplinary Tribunal; and approximately half of Mexico’s 7,000 judges, with the remaining judges elected in 2027. An average Mexican may have to navigate through hundreds or even thousands of candidates when casting their vote.
