In a pivotal development within Mexico’s judiciary sector, federal judges and magistrates have voted to conclude their nearly two-month strike in response to judicial reforms introduced by former President Andrés Manuel López Obrador. This decision was reached with 684 judges voting in favor of returning to work, while 572 opposed it. Although judicial processes are set to resume, the protest against the reforms continues, with judges and magistrates committing to ongoing forms of protest.
The central issue of contention lies in the judicial reforms, which propose sweeping changes, including the election of judges and magistrates by popular vote, a practice uncommon globally. Critics of the reform express concern that this could undermine judicial independence by subjecting judges to potential political influences, challenging the existing career-based judicial system, and potentially eroding confidence in an impartial rule of law. The reform has sparked fears of political interference in judicial appointments, strengthening the executive branch at the expense of necessary checks and balances.
The National Association of Circuit Magistrates and District Judges (JUFED) argues that the reforms encroach on judges’ labor rights, threatening job security and working conditions. Nonetheless, López Obrador champions the reforms as a method to foster a more austere and autonomous judiciary.
Significant consequences arose from the judicial strike, as outlined by Supreme Court Minister Lenia Batres. The strike created an estimated MX$9.8 billion (US$506 million) cost to the national treasury, and accumulated a backlog of 175,000 new cases, delaying over 10,000 hearings crucial for determining detention orders. This led to the suspension of 440,000 amparo trials—legal actions protecting constitutional rights in Mexico.
Throughout the strike, the protests were marked by widespread and intense actions, including large-scale marches, blockades of Congress, and various confrontational incidents, such as the temporary occupation of the Senate. Despite the vote to return to work on October 12, the judiciary remains resolute in opposing reforms perceived as a risk to the independence of the judiciary and, more broadly, to the integrity of Mexico’s democratic systems.
Such a reform sets Mexico apart on the international stage, primarily where judicial elections are a rarity. Bolivia stands as the only country electing most of its judiciary through popular vote, paralleling some practices within certain US states and Swiss cantons. As the situation unfolds, the legal community continues to closely scrutinize these developments for their long-term implications on judicial independence and the division of powers in Mexico.