Explainer: Senate Approves Mexico’s Controversial Judicial Reform – What’s Next?

By Diego Oré

MEXICO CITY (Reuters) – On Wednesday, Mexico’s Senate passed a controversial judicial reform that has instigated a strike among court workers, heightened tensions with the United States, and led to fluctuations in the markets of Latin America’s second-largest economy.

The reform, proposed by outgoing President Andres Manuel Lopez Obrador and endorsed by President-elect Claudia Sheinbaum, who will assume office on October 1, has been defended by Lopez Obrador as a necessary measure to ensure that the judicial system is genuinely accountable to the public and safeguarded against organized crime.

What Does the Reform Encompass?

Central to the reform is the proposal to allow the popular election of over 6,500 judges, magistrates, and ministers, including those on Mexico’s Supreme Court. Traditionally, judges for the Supreme Court have been appointed by the Senate from a shortlist provided by the president.

The reform also aims to reduce the number of Supreme Court justices from 11 to nine, shorten their terms to 12 years, eliminate the age requirement of 35, and halve the requisite work experience to five years. Additionally, judges will have the option to remain anonymous in cases related to organized crime.

The proposal includes the elimination of certain benefits for judicial workers and the establishment of a five-member disciplinary tribunal, a move that critics argue is inadequate for overseeing a judiciary that comprises around 50,000 members.

What’s Next?

The reform garnered broad support from the ruling Morena party and its coalition partners, who achieved a two-thirds supermajority in Congress during the June elections and are just one seat short of a supermajority in the Senate.

It will now proceed to state-level congresses for a vote, where the ruling coalition holds enough power to ensure its passage. The reform will take effect once it is published in Mexico’s official gazette.

There are speculations that the Supreme Court may attempt to obstruct the reform, but its legality remains uncertain.

How Will Judges Be Elected?

Elections are scheduled for June 2025 to replace most judges, with the remaining positions up for election in 2027. Multiple candidates for each role will be nominated by Mexico’s executive, legislative, and judicial branches, and a technical committee will narrow down the options.

Critics have expressed concerns that the sheer number of positions available—approximately 282 candidates competing for up to 39 roles—will hinder the public’s ability to make informed decisions.

Why Are the US and Canada Concerned?

The United States, Mexico’s primary trading partner, has expressed that the reform poses "a major risk" to Mexican democracy, suggesting it could politicize the judicial system and increase its susceptibility to organized crime influence.

Canada, Mexico’s second-largest trading partner, shares similar concerns, noting that investors are wary of potential instability stemming from the changes.

Both nations, which collectively account for about 86% of Mexico’s exports, are part of the North American USMCA free trade agreement, which mandates rapid resolutions to labor disputes among member countries.