The pending appeals against the reform will be dismissed, predicts expert

Iván Evair Saldaña

La Jornada Newspaper
Monday, November 11, 2024, p. 3

In the Supreme Court of Justice of the Nation (SCJN), at least two constitutional controversies and four appeals against the judicial reform are still unresolved, despite the fact that last week the plenary session rejected, for lack of sufficient votes, the project by Minister Juan Luis González Alcántara Carrancá, which resolved five unconstitutionality actions against the amendment.

Those in charge of preparing the projects in the pending cases are González Alcántara Carrancá (in the case of controversies) and Alberto Pérez Dayán (in the challenges), who until yesterday had not commented on these matters.

However, for Jaime Cárdenas Gracia, professor and jurist at UNAM, these resources should be declared inadmissible or have the same fate as González Alcántara’s project, discussed last Tuesday, and which was rejected when he was one vote away from achieving the majority. graded eight that was required for approval.

I think that everything will more or less follow the fate of what happened recently with the unconstitutionality actionthe specialist told The Day, and cited the result of that vote.

In addition to the lack of votes, he recalled that on October 31 it was also published in the Official Gazette of the Federation (DOF) the reform of articles 105 and 107 of the Magna Carta, known as constitutional supremacywhich establishes the inadmissibility of actions, controversies and protections against these amendments.

The reform of October 31 of this year has retroactive effects with respect to the matters that are pending. I think that all these means of challenge will end up being declared inadmissible or the Court will warn that it does not have the number of ministers for the norms to be declared unconstitutional.he explained.

In the plenary session on the 5th, Pérez Dayán was the decisive vote, which was added to that of the ministers Lenia Batres Guadarrama, Yasmín Esquivel Mossa and Loretta Ortiz Ahlf, which prevented the González Alcántara project from being approved.