The project of the magistrate of the Electoral Tribunal of the Federal Judiciary (TEPJF), Felipe Fuentes Barrera, aims to endorse the election of the Judiciary scheduled for June 1, 2025, arguing that suspending actions related to the process is "constitutionally unfeasible". The TEPJF made this draft ruling public on Saturday, which will be discussed in the Plenary of the institution, the highest jurisdictional authority in electoral matters in Mexico.
The project refers to the cases SUP-AG-632/2024, SUP-AG-760/2024 and 764/2024, which contain the resources presented by the Senate of the Republic and the National Electoral Institute (INE) against more than 70 suspensions issued by federal judges to halt preparations for the election. The Senate and INE are instructed to continue with preparations due to the unfeasibility of stopping the process due to constitutional mandates established in the general Constitution.
In its resolutions, Fuentes Barrera points out that all authorities, powers, and organs of the state are bound to continue with the electoral process, alluding to the constitutional reform of "constitutional supremacy" that prohibits challenging additions or reforms to the general Constitution. In this sense, the project highlights that the TEPJF, as a judicial body, cannot judicially control such constitutional reforms.
The draft ruling emphasizes the need to comply with constitutional mandates without the possibility of judicial control, indicating that any attempt to suspend, alter, or defer the electoral process undermines the principle of constitutional supremacy. It also highlights that the TEPJF has exclusive competence to resolve electoral acts and controversies, ensuring the implementation of the reform without legal obstacles.
Last week, the Superior Chamber of the TEPJF authorized Fuentes Barrera to continue with the knowledge of issues related to judicial elections after resigning from his interest in participating in them.
