Iván Evair Saldaña
La Jornada Newspaper
Monday, January 6, 2025, p. 9
The recent changes to the Magna Carta, including the so-called reform of constitutional supremacy
have served as shields for other priority reforms of the so-called Fourth Transformation (4T) to prevent them from suffering the setback of the Supreme Court of Justice of the Nation (SCJN).
Between last November and December, the Court ministers applied the criteria of the constitutional amendments of September 15 and October 31, 2024 to resolve appeals against at least four reforms promoted by the administration of Andrés Manuel López Obrador: extinction of trusts, law mining, electrical law and judicial reform.
On November 12, Minister Juan Luis González Alcántara Carrancá relied on the changes to articles 105 and 107 of the Constitution to dismiss and dismiss seven controversies against the reform of the Judicial Branch of the Federation (PJF) on September 15.
These challenges were promoted by local authorities of the Executive, Legislative and Judicial branches, including the then governor of Guanajuato, Diego Sinhue Rodríguez Vallejo, days before concluding his administration.
Constitutional controversies or unconstitutionality actions that aim to contest the additions or reforms to this Constitution are inadmissible.
cited article 105.
On December 1, the first chamber of the Court once again applied the criterion of supremacy to set the tone for courts and tribunals so that the extinction of the 13 trusts of the Judicial Branch of the Federation (PJF), ordered in a reform of 2023.
On December 4, the second chamber of the Court accepted the constitutional reform of article 27, promulgated on October 31, which recognized that the State has exclusivity in the exploitation of lithium and radioactive minerals, having been declared public utility
.
With this, it left without review an amparo filed by a mining company that operates in Chihuahua that challenged the decree to reform the Mining Law of April 20, 2022.
Between the last week of November and the first week of December 2024, the second chamber also began to reject in cascade appeals against the reform of the Judicial Branch, with the argument of recognizing the constitutional supremacy
which was reaffirmed in the amendments to the Magna Carta promulgated on September 15 and October 31.
In the session of December 4 alone, there were 13 appeals filed by magistrates of collegiate courts against the reform of the Judiciary, among which the omission of authorities was demanded for not addressing the suspensions granted by judges against the application of the constitutional amendment.
