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November 13, 2024
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Michoacán Trustee presents another appeal to the Court against the reform

Iván Evair Saldaña

La Jornada Newspaper
Tuesday, November 12, 2024, p. 4

Elsa Zamora Chávez, municipal trustee of Tangancícuaro, Michoacán, presented before the Supreme Court of Justice of the Nation (SCJN) a constitutional controversy that seeks the invalidity of the reform to the Judicial Branch of the Federation (PJF).

The appeal, with number 310/2024, was turned over to Minister Yasmín Esquivel Mossa, who will decide whether to admit it for processing or reject it.

The trustee requests the invalidity of the judicial amendment decree published in the Official Gazette of the Federation (DOF) on September 15, which in turn was approved by the Legislative Branch of Michoacán on the same day.

On Tuesday of last week, the plenary session of the Court rejected the project of Minister Juan Luis González Alcántara Carrancá that was to invalidate toral articles of the judicial reform, by resolving five actions of unconstitutionality.

The project was not approved because it did not meet the qualified majority of eight votes, since Minister Alberto Pérez Dayán said he was against it, as did Ministers Lenia Batres Guadarrama, Loretta Ortiz Ahlf and Yasmín Esquivel Mossa.

However, with the controversy presented by the trustee, there are three appeals of this type against the amendment that the highest court is still pending to resolve, since of the other two, one was filed by the Judiciary of Guanajuato and the other by the former governor of that entity Diego Sinhue Rodríguez Vallejo. They are all in the hands of Minister González Alcántara.

There are also other appeals pending against the same constitutional amendment that were promoted by judges and magistrates. At the moment, the Court has not announced what channel they will take.

For UNAM professor and jurist Jaime Cárdenas Gracia, these legal resources should be declared inadmissible or have the same fate as González Alcántara’s project.

I think they no longer have a future in the Court, for the numerical reason that they do not have the eight votes for the judicial reform to be declared unconstitutional.he said to The Day.

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