The Standoff

Mexico’s lower chamber of Congress passed legislation this week that would prevent courts from challenging changes to the constitution, a move that comes amid a constitutional fight over a judicial overhaul that has pitted the government against the judiciary, Reuters reported.

The measure – first passed last week in the upper house – sailed through the lower chamber because the governing Morena party holds a large majority in both houses of Congress.

The changes will ban courts, including Mexico’s Supreme Court, from reviewing changes to the constitution. The ban will also be applied retroactively, which will prevent courts from considering challenges to the judicial reform package passed last month.

Opposition parties criticized Wednesday’s vote as authoritarian, saying it makes constitutional reforms passed by the legislature immune to checks and oversight by the judiciary.

Morena party lawmakers countered that the measure was necessary because it prevents “particular interests from using judicial avenues to hinder or reverse democratically approved reforms.”

The measure passed as the Supreme Court is planning to review the judicial reform laws, which will make Mexico the first country to elect all of its judges.

Former populist President Andrés Manuel López Obrador – who stepped down at the end of his term in September – and his Morena party have touted the changes as necessary to stamp out corruption in the judiciary and improve accountability.

His successor, President Claudia Sheinbaum, has also supported the changes.

However, critics worry that the reforms could erode the independence of the judiciary, warning that Morena holds a lot of political influence and could influence the selection of most judicial candidates, the Financial Times added.

Since August, thousands of judges and other employees of the judicial system have been taking to the streets to protest the changes. While some of them have returned to work, others continue to block access to many courthouses.

On Tuesday, eight of 11 Supreme Court judges said they would resign rather than stand for election when the changes take effect next year, the Associated Press wrote.

Amid the constitutional crisis, Supreme Court Justice González Alcántara announced that the court is trying to reach a compromise with the government to resolve the fight.

On Wednesday, he issued a draft opinion that will strike down the main parts of the reform but allow for an elected supreme court and electoral tribunal. The opinion will be put to a vote next week, but questions remain whether Sheinbaum and the Morena party will prevent the court from passing it.

To do this, 17 out of Mexico’s 32 state congresses would need to approve the measure, after which Sheinbaum would need to sign it into law – all before the top court’s vote next Tuesday.

Observers noted Sheinbaum will face a tough choice if the opinion passes.

If she complies comply with the court, she will risk alienating many within her party, who remain loyal to López Obrador. But if she ignores the ruling, she will damage her reputation for upholding the rule of law.