The plenary of the Supreme Court of Justice of the Nation (SCJN) has made an important decision with a majority of seven votes in favor and three against. This ruling establishes that the decisions of the Electoral Tribunal of the Judiciary of the Federation (TEPJF) regarding the judicial election are invalid, as they consider that what is determined by the Superior Chamber regarding injunctions and suspensions are simply advisory opinions, lacking the jurisdiction to review them.
In another aspect, it was agreed, with a majority of six votes in favor and four against, to request judges who have granted suspensions to review their rulings. Minister Alfredo Gutiérrez Ortiz Mena emphasized that judges must adhere to what the SCJN stated in November 2024 regarding the existence of electoral provisions in the judicial reform.
Regarding the constitution, it was recalled that it prohibits the interruption of electoral processes, so it was determined that the suspensions remain in effect, thus maintaining their validity. For her part, President Minister Norma Piña stated that the Superior Chamber of the TEPJF lacks the authority to decide when authorities must comply with a suspension issued by a District judge, as there are resources established in the Amparo Law for that purpose.
The resolution of the SCJN must be communicated to the Superior Chamber of the Electoral Tribunal, to the circuit collegiate courts, and to district judges, in addition to being published in the Official Journal of the Federation, as agreed by the ministers in this groundbreaking decision.
