Juan Luis González Alcántara, a justice on Mexico’s Supreme Court, is proposing a compromise to address the ongoing constitutional crisis regarding the ruling party's initiative to change the selection process for judges from appointments to elections. His proposal suggests that candidates for the Supreme Court and other top courts should be elected, while thousands of judges who have been appointed based on their qualifications would retain their positions.
The political landscape complicates this proposal, as leaders of the ruling party, Morena, view any compromise as a sign of weakness. The situation is further complicated by a recent constitutional amendment that has already been enacted, which restructured the judiciary and is seen by Morena as a necessary step to combat corruption and align the judiciary with the electorate's desires.
Justice González Alcántara argues that the Supreme Court still possesses some authority to mediate the tensions surrounding the judicial changes, despite a new law that limits legal challenges to constitutional amendments. Critics of the judicial overhaul warn that these changes threaten Mexico’s democratic checks and balances.
In an interview, Justice González Alcántara expressed his willingness to negotiate, emphasizing the importance of maintaining judicial independence. He cautioned that if Morena's plans proceed without checks, it could lead to a significant erosion of the rule of law in Mexico.
The Supreme Court is set to discuss his proposal, which, if accepted, could invalidate key aspects of the judicial overhaul. However, the ruling party has largely dismissed legal objections, claiming to represent the will of the voters who supported them in recent elections.
Some legal experts support Justice González Alcántara's proposal as a reasonable solution to the constitutional conflict, while others express skepticism about its feasibility given the political climate. The proposal's success hinges on gaining the support of eight of the court’s eleven justices, a challenging task given the ideological divisions within the court.
Despite the obstacles, Justice González Alcántara remains hopeful for a compromise, noting that the current president, Claudia Sheinbaum, had previously indicated the need for a careful approach to judicial reform. However, she has also signaled resistance to the proposal, stating that the will of the people should not be overridden by a small group of justices.
As the political situation evolves, the potential for a compromise remains uncertain, with experts divided on whether the proposal can gain traction within the court or the ruling party.