Mexico’s first elected Supreme Court faces critical test of independence
Litigation Reports
Mexico’s first elected Supreme Court will be seated Monday and observers will be watching closely to see whether it will assert its independence from the governing party that held the country’s first judicial elections.
Just three of its nine justices have any experience on the high court, the rest are new, including the court’s president Hugo Aguilar, a lawyer who spent his career defending Indigenous rights.
The idea of judicial elections came from Mexico’s former President Andrés Manuel López Obrador, who frequently clashed with judges who challenged his agenda. He said judges elected by the people would be more accountable and less corrupt. Critics said electing judges risked politicizing the judiciary.
The election was supposed to be nonpartisan, but there were instances of voting pamphlets being distributed that identified candidates linked to the governing party. Many voters were simply overwhelmed by the 7,700 candidates vying for more than 2,600 judicial positions.
The Supreme Court, however, will receive special attention. It had been a counterweight at times to the popular López Obrador, whose Morena party also now holds majorities in both chambers of Congress.
It’s an issue that has brought broad international criticism to Mexico. López Obrador expanded the crimes for which someone is automatically jailed pending trial, including for some nonviolent crimes. The policy appears to violate international treaties which Mexico has signed.
The U.N. High Commissioner for Human Rights Office and the Inter-American Court on Human Rights are among the bodies that have called for Mexico to repeal the policy.
The Mexican government says that it is a necessary tool to take on criminal activity and to protect judges.
But in a country where cases can drag on for years without a trial reaching a conclusion and only one in five of those charged are convicted, critics say the policy violates their rights. Four of every 10 people in Mexican prisons had not been convicted in 2023, according to the Federal and State Penitentiary Systems census.
The previous court declined to take it up in its final days.
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