The plenary of the Supreme Court of Justice of the Nation (SCJN) unanimously approved the minutes of the session held on April 7, 2022, and ratified that one vote was missing to invalidate the reforms to the Electricity Industry Law promoted by President Andrés Manuel López Obrador to privilege the Federal Electricity Commission (CFE) in energy dispatch.
In this way, the plenary session of the Court ruled out that in said session the votes of the ministers were incorrectly counted by the president of the high court, Arturo Zaldívar, when resolving the unconstitutionality action 64/2021 promoted by opposition senators.
In the minutes approved this Tuesday, it was established —based on the stenographic version and the video recording of the session— that said action of unconstitutionality was dismissed with respect to various articles of the Electricity Industry Lawas the qualified majority of 8 votes was not obtained to declare its invalidity, and with respect to the rest of the articles, its validity was recognized, as a majority of votes was obtained for its constitutionality.
Regarding the ministers who voted differently on issues related to economic competition and the environment, the Supreme Court clarified that Minister President Arturo Zaldívar asked Alfredo Gutiérrez Ortiz Mena to clarify the meaning of his vote as Minister, who specified that his vote was for the invalidity, while Minister Juan Luis González Alcántara Carrancá mentioned that his was due to validity.
“In this sense, the operative points were unanimously approved and the formal declaration was carried out, so that what was resolved in said session constitutes res judicata,” said the SCJN.
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