Mexico’s first elected Supreme Court will be inaugurated on Monday, marking a significant moment in the country’s judicial history. Observers are closely monitoring whether the court will uphold its independence from the ruling party, which organized the nation’s first judicial elections. Among its nine justices, only three have prior experience on the high court, while the rest, including court president Hugo Aguilar, are newcomers. Aguilar has a background in defending Indigenous rights, adding a unique perspective to the court’s dynamics.
The idea of judicial elections was championed by former President Andrés Manuel López Obrador, who frequently clashed with judges opposing his agenda. He argued that elected judges would enhance accountability and reduce corruption. Critics, however, have raised concerns that this process could politicize the judiciary. The elections, while intended to be nonpartisan, witnessed instances of voting materials that highlighted candidates associated with the ruling party. Many voters felt overwhelmed by the sheer number of candidates—over 7,700 competing for more than 2,600 judicial roles.
The Supreme Court is expected to play a critical role in balancing power, especially given the dominance of López Obrador’s Morena party in both chambers of Congress. Juanita Goebertus, Americas director for Human Rights Watch, emphasized, “If the court wants to ensure its independence, it cannot rule in a partisan manner simply to support the government’s position. It must base its positions on law.” With nearly 1,400 cases pending, several key issues await the new justices’ attention.
Key Issues Facing the New Court
One of the most pressing issues is the policy of mandatory pretrial detention. This practice has drawn significant international criticism, especially after López Obrador expanded the list of offenses that warrant automatic detention pending trial, including some nonviolent crimes. Critics assert that this policy violates international treaties Mexico has signed, as highlighted by the U.N. High Commissioner for Human Rights and the Inter-American Court on Human Rights. The Mexican government defends the policy as essential for combating crime and safeguarding judicial integrity. Yet, with 40% of individuals in Mexican prisons not convicted as of 2023, opponents argue that this practice infringes on rights and exacerbates an already strained judicial system.
Another significant area of focus is abortion access. The previous court made landmark rulings in 2021 and 2023 to broaden access to abortion. The new court will likely confront challenges from states that still classify abortion as a crime in their penal codes. While the court’s 2023 ruling invalidated federal criminal penalties, it did not extend to state laws, necessitating changes on a state-by-state basis. Ana Cárdenas, director of justice projects in Mexico for the World Justice Project, indicated that uncertainty looms over whether the new court will continue the previous court’s legal reasoning on this issue.
Broader Implications for Rights and Governance
Transgender rights also remain a contentious matter. Past rulings have expanded rights for transgender individuals, allowing them to amend their birth certificates to reflect their gender identity without judicial intervention. This right was extended to children in 2022, but as noted by Human Rights Watch, only seven out of Mexico’s 32 states currently permit children to modify their identity documents.
Additionally, the new court will face challenges related to changes in mining law enacted by López Obrador’s government in 2023. These changes, which were passed through Congress with minimal debate, include a reduction in the maximum duration of mining concessions from 50 to 30 years and provisions allowing the cancellation of concessions if no work is conducted within two years. The mining sector, largely foreign-owned, has faced scrutiny for its environmental impact, and the surrounding communities often remain impoverished. Legal challenges to these changes are expected to be significant for the new court.
As the new Supreme Court prepares to assume its responsibilities, the balance between judicial independence and political influence will be closely scrutinized. The outcomes of its decisions could have lasting implications for the rule of law and human rights in Mexico.
