Article 107 of the Constitution establishes that the amparo trial is inadmissible against reforms or additions to the Constitution. The Constitution has supremacy over all legal regulations in the country. Therefore, the amparo trial does not proceed against constitutional reforms. The recently approved reform elevated to constitutional status the impossibility of judicially reviewing reforms or additions to the Constitution.
Claudia Sheinbaum, president, defended constitutional supremacy during a conference at the National Palace. She criticized the opposition for trying to discredit the reform to the Judiciary by arguing that it was unconstitutional. Sheinbaum stated that the reform does not violate the Constitution, but rather the republic, and that constitutional supremacy is not something new, but a widely recognized principle in legal institutions.
In response to the criticisms and resignations of eight ministers of the SCJN, Sheinbaum described the situation as a provocation and refused to initiate a political trial against her. The resigning ministers will officially submit their resignations starting August 31 of next year. Sheinbaum accused them of making a political decision against the Mexican people.
This reaction from Sheinbaum came after the Chamber of Deputies approved a reform that establishes the inadmissibility of amparos and controversies against constitutional reforms. The ruling was sent to local legislatures for final approval. Raúl Jiménez, advisor on Constitutional Control, was invited by Sheinbaum to the conference to explain that once the decree is published, constitutional supremacy will be inseparable from the Constitution and mandatory for compliance. The Constitution is the fundamental pillar of the legal order in Mexico.
