The Supreme Court of Justice of the Nation (SCJN) of Mexico opened a controversy this Thursday to decide whether it has the power to review the constitutional reform to the Judiciary of the Federation (PJF), which seeks to elect judges and magistrates by popular vote.
The decision, which was given after a majority vote of eight votes to three, admitted one of the challenges of judges and magistrates against the aforementioned reform, to analyze whether the high court can review the constitutional amendment.
The controversial judicial reform, promoted by former President Andrés Manuel López Obrador (2018-2024) and promulgated on September 15, has raised criticism from various international organizations that claim that the rule of law in the country is at risk.
The Plenary of the SCJN agreed to open a dispute of those provided for in the Organic Law of the PJF, originally created to resolve conflicts within said Power.
“For this Plenary, there is no doubt that fraction XVII of article 11 is the ideal way to process a petition such as the one that motivated this consultation, that is, one in which justice makers ask this Court to verify whether the reform of the Constitutional text published on September 15, 2024, is compatible or not with judicial guarantees and principles, including the division of powers, judicial independence, as well as those inherent to the Constitutional Rule of Law,” the judgment points out.
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The aforementioned amendment will cause more than 1,600 judicial positions to be elected by popular vote, in elections, a system that leaves the members of the PJF in a situation of uncertainty.
Can the reform of the Judiciary in Mexico be reviewed?
Prime Minister Piña Hernández, rapporteur Juan Luis González Alcántara, Jorge Mario Pardo Rebolledo, Margarita Ríos Farjat, Alfredo Gutiérrez Ortiz Mena, Luis María Aguilar Morales and Javier Laynez Potisek voted in favor of the project.
While ministers Lenia Batres, Yasmin Esquivel and Loretta Ortiz, related to former President López Obrador, voted against.
Batres defended that the Supreme Court “does not have the power to submit to review changes to the Constitution approved by the Legislative Branch because it would violate the principle of constitutional supremacy, as well as the division of powers and the Constitutional Rule of Law.”
The minister also said that the SCJN “is attempting a coup d’état,” it seeks to act in a tyrannical and despotic way since it intends to give itself the power to revise the Mexican Constitution.
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Sheinbaum supports the reform
The president of Mexico, Claudia Sheinbaum, defended last Tuesday, during her inauguration, the reform of the Judiciary and pointed out that it is not “authoritarianism” but, in essence, it is democratic.
“How is a decision going to be authoritarian that, in essence, is democratic and allows the people to decide?” the president said during her speech in the Mexican Congress.
He said that the objective is to end corruption in the Judiciary and for this, he recalled, there will be a single call in addition to a selection committee of candidates to ensure that they meet the requirements.
“And who will decide? It will be the people,” he emphasized.
He also took the opportunity to tell the workers of the Judiciary that their rights and salaries “are fully safeguarded.”
Trump gains ground over Harris and the elections are emerging as the closest of the century
The Republican candidate for the White House, former President Donald Trump, has gained ground in the polls of his Democratic rival, Vice President Kamala Harris, and the selections of November 5 are emerging as the closest of the last century in the United States.
Harris’ candidacy, who replaced President Joe Biden after he threw in the towel in July, initially aroused great enthusiasm that was transferred to the polls, but Trump has managed to pulverize that advantage when there are 16 days left until the elections.
According to the latest forecast of the FiveThiryEight portal based on the average of polls published nationally and in key states, Trump achieves a slight advantage over Harris and has a 52% chance of winning the November 5 elections.
Despite the fact that the Democrat leads the intention to vote at the national level, the Republican is more favored by the Electoral College, the system by which the states grant a certain number of electoral votes to the winning candidate.
Two weeks ago, the forecast of the same portal gave Harris a 58% chance to defeat Trump.
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The difference between Harris and Trump
Although the Republican has gained ground in recent weeks, the situation is so tight that the chances of victory of each of the two candidates are practically equivalent to throwing a coin into the air.
The difference between Harris and Trump is less than two percentage points in the seven decisive states (Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania and Wisconsin) so that a small statistical error could alter the result.
In addition, at the national level, the vice president only takes two points ahead of the former president, a narrower difference than the margin between Biden and Trump on any of the days of the 2020 campaign.
After those elections, the Republican refused to accept his defeat and promoted the vote count in some key states and several litigations that were dismissed in court.
In 2000, the election result was up in the air until the Supreme Court gave the victory to Republican George W. Busch on the Democrat Al Gore in Florida, which was then a hinge state.
But according to the FiveThirtyEight portal, to find elections as close as what the polls draw, we have to go back to 1876, when the Republican Rutherford Hayes beat the Democrat Samuel Tilden by a single electoral vote: 185 against 184.
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Every vote counts
In such a tight scenario, every vote counts and the two candidates are doubling their presence in the seven decisive states, where in some cases the early vote has already begun with a high turnout.
The rhetoric and the crossfire between the two has also intensified with attacks and insults.
Trump suggested this week that he would be willing to deploy the military against the “internal enemies” of the United States, in an apparent reference to his political rivals, while Harris described his rival as “fascist” and “deranted.”
The vice president has decided to raise the tone against Trump in an attempt to revitalize her campaign, to which former presidents Barack Obama and Bill Clinton have also joined, and former first lady Michelle Obama to give her a new impetus.
The Republican is this Sunday in Pennsylvania, where he is expected to visit a McDonald’s and accuse Harris of having invented that he worked for that fast food chain as a young man.
For her part, the Democratic candidate, who turns 60 today, is in Georgia before traveling to Pennsylvania, where tomorrow she will campaign with Liz Cheney, a former Republican congressman facing Trump.
The president of Brazil cancels his trip to Russia due to a domestic accident
The president of Brazil, Luiz Inácio Lula da Silva, canceled this Sunday for “medical guidance” his trip to Russia to attend the BRICS leadership after suffering a “domestic accident” in which he hit his head, government and hospital sources reported.
The Brazilian Presidency said in a statement that it was decided to cancel the trip due to a “temporary impediment for long-term flights,” but that Lula will participate by videoconference in the meeting, which is held between October 22 and 24 in the Russian city of Kazan.
The president, who is 78 years old, was injured on Saturday on the back of his head, which led him to be admitted to the Sírio-Libanês Hospital in Brasilia, according to a medical report that does not go into more details.
Despite not going to the summit, the Government clarified that Lula will comply next week with a “normal” work schedule in the capital.
The meeting in Kazan, hosted by Russian President Vladimir Putin, is scheduled to receive more than 30 heads of state and government.
The BRICS, whose original members were Brazil, Russia, India, China and South Africa, are in full expansion, after including four other countries this year: Egypt, Iran, the United Arab Emirates and Ethiopia.
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During the meeting, the leaders of the member countries must define what will be the criteria for other nations to be part of the bloc as partners.
Brazil wants two of the criteria to be, for example, not supporting economic sanctions applied without authorization from the UN and defending the reform of the Security Council, according to diplomatic sources in the country.
Thousands of Georgians march in Tbilisi in favor of the country’s European future
Thousands of Georgians marched today in Tbilisi in favor of the European future of the country six days before parliamentary elections, which President Salomé Zurabishvili sees as an election between the EU and Russia.
Under the slogan “Georgia chooses the EU” the supporters of rapprochement with Europe met in five points of the capital from where they marched in a column towards the Plaza de la Libertad, where they sang the anthems of the Caucasian country and the EU.
The action, called by non-governmental organizations and opposition parties, was also attended by the Georgian president.
From the largest opposition party, the United National Movement (UNM), they warned the Government that the people “will not give up their European future.”
European future
“This action is the last warning to the honorary president of the ruling Georgian Dream, Bidzina Ivanishvili, that the Georgian people will not give up their European future,” said MNU President Tinatin Bokuchava.
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Meanwhile, Zurabishvili asked the attendees to demonstrate the will to “return to the country freedom, independence and a European future.”
Participants in the demonstration said that it is a “rehearsal of the electoral victory of the opposition,” while the Georgian Dream, which has ruled Georgia since 2012, assures that it will obtain about 60 percent of the support, after which it will re-establish relations with the West.
Relations with the Kremlin
The Caucasian country has significantly improved its relations with the Kremlin coinciding with the war in Ukraine, which has dramatically worsened its ties with the United States and the European Union.
After the Georgian Parliament passed the Foreign Influence Transparency Act in May of this year, which the Georgian opposition considers similar to the one approved in Russia to suppress civil society, the European Union, the United States and the United Kingdom froze cooperation programs with Georgia.
In addition, Brussels and Washington also criticized the Georgian Parliament last September for approving another document that prohibits, as in Russia, information regarding homosexuality.
