Mexico’s top court accepts constitutional challenge to judicial overhaul

MEXICO CITY,  (Reuters) – Mexico’s Supreme Court agreed yesterday to consider a constitutional challenge to the controversial judicial overhaul enacted last month that will move the country over the next few years to a system of popularly elected judges.

With eight votes in favor and three against, the high court declared itself competent to rule whether the reform affects the independence of the courts, opening the door to challenges against the sweeping reform.

A two-thirds majority of lawmakers approved the constitutional reform in September, with the ruling Morena party and its allies championing the measure as an improvement on the current judicial system after they won a landslide election victory in June.

“The is only to determine how to proceed in the analysis of the concerns that the magistrates have raised with us,” said Judge Margarita Rios during a court session, noting there was no legal reason an analysis should not be carried out.

The process should be finished by Nov. 30, according to a Supreme Court source.

Judges Yasmin Esquivel, Loretta Ortiz and Lenia Batres – all close to the ruling party – opposed the process, arguing the reform was already decided and the court would be overreaching if it accepted a challenge to it.

“All change involves resistance and produces in us a natural desire to preserve our comfort zone,” said Esquivel.

Mexico will hold elections next June to replace all nine Supreme Court judges while increasing their number to 11, as well as vote in members of an electoral tribunal and half the country’s magistrates and district judges.