Breathe
By Sandra Romandía
What has more weight in the scales of Mexican justice: the integrity of the ministers or political pressures? The SCJN, in an attempt to reaffirm constitutionality in times of crisis, needed eight votes to invalidate fundamental aspects of the September judicial reform, but only obtained seven. And although the president of the Court, Norma Piña, vehemently defended the role of the institution as guardian of the Constitution, other ministers, such as Alberto Pérez Dayán, chose to slide their finger in the opposite direction. The image that remains is that of a fragmented court, with a division in which the dignity of justice becomes a bargaining chip.
The election of judges and magistrates by popular vote, one of the most dangerous aspects of the reform, thus remains intact, and this populist element, which could undermine the technical and neutral nature of the judiciary, had been identified as a point of no return for judicial independence. This populist element, which could undermine the technical and neutral character of the judiciary, had been identified as a point of no return for judicial independence. What is the point, then, of maintaining a facade of balance between powers when the real objective seems to be the domestication of justice?
But there is more to this plot. Alberto Pérez Dayán, who at one point was the hope for resistance within the Court, has become a character shrouded in suspicion. His statements do not cease to resonate with a tone of cynical resignation: he blames INE, alluding to the "fictitious majority" that allowed the ruling party to advance like a roller over the institutions. "Those who decided to distribute the seats in each Chamber knew perfectly well that those majorities could make decisions like these", said Pérez Dayán, pointing unequivocally to the INE councils that supported the political over-representation. However, beyond his words, his vote against the majority block, the one that sought to protect the judicial institutionality, reveals the crack in this maneuver.
Some insinuate that Dayán acted not out of conviction but out of coercion. It is whispered that external pressures, threats or investigations against him would have made him bend his hands. In this political theater, the fate of those who try to oppose power is clear: they are molded, bent or pushed aside. On this occasion, the figure of Pérez Dayán is reminiscent of the traitors of yesteryear, those who, seduced or terrified, sacrifice the values they once swore to protect. Will his legacy as a jurist allow him to sleep peacefully?
Meanwhile, the remaining ministers do not skimp on warnings and clear positions. Luis María Aguilar, in a gesture of firmness, set himself up as one of the few guardians of the Republic, implicitly denouncing that this is not the end, but one more episode in the long institutional decay of Mexico. "Go and complain to the INE counselors", he seemed to say, before the impotence of seeing how democratic balances are manipulated. It is as if the SCJN were up in arms, but without the necessary weapons to defend its territory.
And at the center of this tangle is Claudia Sheinbaum, newly inaugurated president, who does not hesitate to criticize the Court for "exceeding its functions". Her words hint at a desire to limit as much as possible any control over her administration, especially if this control comes from the judiciary. From his perspective, questioning the constitutionality of a reform of this caliber seems unnecessary. In her logic, the will of the Morena-dominated Congress should be sufficient to redefine the structure of the country without interference. And so, Sheinbaum's voice resonates as that of those who, from power, feel omnipotent.
The outcome is bleak for Mexican democracy. The judicial reform continues with a Court that, far from being a bastion of balance, is fractured and devoid of firm consensus. The figure of Pérez Dayán will be remembered, not as that of a defender of justice, but as one who, like the "Judas of the last hour" in the Senate, gave in under the weight of his own calculation or his fears.
Farewell to the Republic, some will say. The principles that once defended the separation of powers and judicial independence have been relegated, not for lack of arguments, but for lack of votes. In this new era, it seems that Mexican justice has been handed over, piece by piece, to the political project that dominates the country. With each step we take on this path, we cannot help but wonder: will there be any glimmer of democracy left once this "train wreck" is over?
The opinions expressed are the responsibility of the authors and are absolutely independent of the position and editorial line of the company. Opinion 51.
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