The Supreme Court of Justice of the Nation (SCJN) dismissed the concepts of invalidity that opposition parties alleged against the Judicial Reform to try to stop the constitutional changes by which ministers, judges and magistrates will be elected by popular vote.
Consequently, the Judicial Reform was final with all its effects, because, even if the matter was discussed in depth, the eight votes necessary would not be reached to declare any reform to the Constitution totally or partially invalid.
The keys to that outcome began when Minister Alberto Pérez Dayán added his vote to that of Ministers Loretta Ortiz, Lenia Batres and Yasmín Esquivel, who are close to Morena, and considered that the Court lacks the power to review the constitutional reform.
Then, a majority of six ministers decided that, given that there are eleven members of the Court, the constitutional reform that orders that six votes be enough to declare the unconstitutionality of a norm was not applicable, but that eight were necessarily required.
During the discussion, those who were in favor of eight votes being necessary, as stated in the Constitution in its article 105 before the Judicial Reform, argued that at least these votes were required because the SCJN is made up of 11 ministers.
Meanwhile, the ministers who pointed out that six votes were necessary explained that this was because this is what the modifications that Morena made to the Constitution state.
Since four ministers spoke out because it was not possible to enter into the analysis of the constitutionality of the Judicial Reform, the eight votes necessary could not be gathered to, if applicable, declare it invalid, even partially.
Therefore, it was declared to reject the concepts of invalidity that were raised in the unconstitutionality actions that sought to totally or partially stop the Judicial Reform and not to enter into the substantive analysis, since not having eight votes, it could not conclude in the declaration of partial disability as proposed by the minister rapporteur, Juan Luis González Alcántara Carrancá.
