Reforma: Mayolo López and Víctor Fuentes
Mexico City, April 16, 2021
The President of the Supreme Court, Arturo Zaldívar, received a 'gift' from the Senate of the Republic. His term of office was extended by two more years, despite the fact that the Constitution says that his term in office is four years and he cannot be reelected.
Zaldívar has shown favoritism toward President Andrés Manuel López Obrador. His term was due to end in January 2023 but will now end at the end of November 2024 (MV Note: the same date as President López Obrador' six-year term ends).
Raúl Bolaños, a senator from the Green Party introduced an amendment at the last moment in the debate on legislation reforming the Judicial Branch and it was passed with 85 votes in favor, 25 against and four abstentions. Opponents said it was a "judicial coup" because the amendment was not presented until the final session, without prior notice.
MV Note: The Green Party is a small party that has expediently allied itself with whatever party is in power. Now, that is López Obrador's party, Morena, which controls both chambers of Congress.
The terms for the members of the Federal Judicial Council (MV. Note: which manages the federal court system) was also extended from 5 to 7 years. The reform legislation was then sent to the Chamber of Deputies, where Morena has a majority.
The opposition senators' reaction was one of anger. Dante Delgado, from Citizens' Movement (MC), said that the President "did not have the balls to include this article in the reform." He called on Minister Arturo Zaldívar not to accept the approved amendment out of personal integrity. Senator Xóchitl Gálvez made the accusation that it was an "illegal benefit." Senator Emilio Álvarez Icaza described the decision as grave and unconstitutional.
Senator Damián Zepeda (PAN) claimed that, with this reform, the federal administration is seeking to control the Judiciary Council of the Judiciary which administers and oversees the more than 850 federal courts.
"This concentration of power in the president of the Court affects the independence of judges and magistrates, as has been demonstrated in the facts that the President of the country not only eliminated Cabinet departments but also intervenes in decisions of the other branches of government," he added.
"Tomorrow (there will be) an amendment that could extend the duration of the term of the current President of the Republic. It is that serious," Zepeda warned.
Minister Zaldívar has been critical of political attempts to adjust the law to unduly extend terms of officials, such as the one that now benefits him. When the period of electoral judges (i.e., those hearing charges of violations of the electoral laws) was extended, in which José Luis Vargas was favored with three more years in office, Zaldívar said that this violated Article 99 of the Constitution, because the original appointments had been made for a specific term. Therefore, modifying them a posteriori was not constitutional.
When the law that sought to extend the term of office of the member of Morena, Jaime Bonilla as governor in Baja California (from two years to five years) was reviewed by the Supreme Court, Zaldívar described the attempt as "a machination" to circumvent the popular will, "using the Constitution to violate the Constitution" and undermine democracy.
MV Note: On June 2, 2019, Jaime Bonilla was elected governor of the state of Baja California Norte as a candidate for the coalition Together We Will Make History with 50.3% of the votes. On November 1, 2019, he was sworn in as governor. His term will end in November of 2021. The two-year term was the result of an adjustment in the state's law to make its gubernatorial elections occur the same year as federal mid-term congressional elelctions. He attempted to have a state law passed extending his term by three more years, to 2024, the year of the next presidential election.
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