The electoral magistrate, Janine Otálora, questioned the declarative action approved by the Superior Chamber of the Electoral Tribunal of the Federal Judicial Branch (TEPJF) that allowed the INE to continue the election process for members of the Judicial Power, stating that the constitutional crisis in Mexico persists. Otálora argued that the INE posed a query to the Electoral Tribunal to interpret whether the suspensions ordered by federal judges and Circuit courts were applicable, affecting the validity and implementation of the judicial reform to carry out the electoral process for ministers, magistrates, and judges scheduled for June 2025.
In an interview for 'Aristegui en Vivo', the magistrate explained that she voted against the declarative action at the request of the INE, as she believed that the Electoral Tribunal should have postponed the resolution of the matter due to an issue concerning jurisdiction raised by a collegiate court before the Supreme Court of Justice. Otálora expressed her concern over the lack of dialogue and consensus in the political and legal sphere of the country during this period of profound changes that require collaboration between institutions to make fundamental decisions.
Furthermore, the magistrate pointed out that the declarative action of the TEPJF may not have binding legal effects, since there are other determinations from other organs of the Judicial Power that must be challenged through other means. Otálora recalled a previous case where the Supreme Court of Justice ordered a court to cease acting concerning a budgetary issue, which resulted in a novel but fulfilled situation. She considered that the recent resolution of the Electoral Tribunal raises questions about its enforceability amidst the aforementioned constitutional crisis.
