The Supreme Court of Justice of the Nation (SCJN) could address the constitutionality of the reform to the Judiciary, according to Miguel Carbonell, a researcher at the Institute of Legal Research of UNAM. During his participation in the La Silla Roja program of El Financiero Bloomberg, the constitutional law expert mentioned that different legal resources have been presented for the Court to analyze this case.
Amidst the division of opinions on this issue, where the position of Morena and its allies stands out arguing that the SCJN does not have the authority to do so, Carbonell Sánchez maintained that it is indeed possible. He highlighted that the procedure is reviewable due to alleged violations of the legislative process, such as the lack of constant quorum, change of venue, and insufficient discussion in local legislatures, pointing out the existence of court doctrine on this matter.
The academic explained that the Legislative Power also has limits when amending the Constitution, indicating that the Constitution, established in 1917, is the guide to which Congress must adhere. He also pointed out that legislators must not contravene international treaties of Mexico or free trade agreements with other countries.
Regarding the non-compliance with suspensions ordered by judges, Carbonell Sánchez emphasized their seriousness, qualifying them as a crime under the Amparo Law. He stressed that within the current constitutional crisis, disobeying suspensions entails severe consequences and affects the integrity of the Mexican legal system.
Finally, the researcher mentioned the importance of President Claudia Sheinbaum setting an example by complying with the decisions made by the courts, amidst a context where respect for judicial independence is being challenged.
