What did Minister Pérez Dayán say to not invalidate the project?
Although the Supreme Court ministers expected Alberto Pérez Dayán to declare himself in favor of invalidating the reform to the Judicial Branch, his vote was to give it validity and avoid changes.
Alberto Pérez Dayán was criticized for not voting in favor of the invalidity of the reform to the Judicial Branch
In a rushed and extended session, the plenary session of the Supreme Court of Justice of the Nation (SCJN) fell one short of the eight votes it needed to declare the invalidity of different parts of the reform to the Judicial Branch this Tuesday, November 5.
In his proposal, Minister Juan Luis Gonález Alcántara Carrancá proposed to reject different parts of the changes to the law, including the one that sends judges and magistrates to the polls in 2025 and 2027 for elections in hundreds of positions in the Judicial Branch.
He also proposed limiting the power that the Judicial Disciplinary Court, whose rulings will be final.
However, Minister Alberto Pérez Dayán rejected that the full Court had the power to review these changes to the law, so he announced that he would vote against invalidating these rules.
“Resolving in the sense that the proposal proposes would be… responding to a nonsense irresponsibly carried over to the supreme text with another nonsense equivalent to forcing the exercise of a power that was not conferred on me in the knowledge of an action of unconstitutionality,” he said.
Pérez Dayán said he was aware of his decision, as well as the implications that it would bring in the public sphere of legal security, the division of powers, and the principles of judicial independence.
However, he stated that “there are other ways that protect these desires,” and that have as their objective “the recognition and protection of human rights that the Constitution itself and the international treaties that the Mexican State has signed.”
The vote of Minister Pérez Dayán was criticized by employees of the Judicial Branch, who called him a traitor after his vote against reducing the number of votes to declare the invalidity of the initiative published in the Official Gazette of the Federation (DOF) on September 16.
The national leader of the PRI political party, Alejandro ‘Alito’ Moreno, condemned the position of Minister Pérez Dayán, whom he called “a traitor to the people of Mexico who threw his name into the garbage dump of history.”
San Miguel Times
Newsroom
