Mexico Enacts Constitutional Reform to Elect All Judges by Popular Vote

Mexico has officially enacted a sweeping constitutional reform that requires all judges in the country to be elected by popular vote. President Andrés Manuel López Obrador signed the decree into law on September 15, 2024, during a ceremony at the National Palace. The timing of the signing was significant, as it coincided with Mexico's Independence Day celebrations. This change makes Mexico the first major democracy in the world to move toward a system where every level of the judiciary is chosen by the public. The new law mandates that more than 7,000 judicial positions, ranging from local magistrates to Supreme Court justices, will now be filled through elections. Previously, these positions were filled through an appointment process based on professional qualifications and experience. The reform also reduces the number of Supreme Court justices from 11 to 9 and shortens their terms to 12 years. The first round of these judicial elections is scheduled to take place on June 1, 2025. President López Obrador and his supporters argue that the reform is necessary to root out corruption within the legal system. They believe that by allowing citizens to vote for judges, the courts will become more accountable to the people rather than to political or economic elites. The President has frequently criticized the judiciary during his six-year term, claiming that many judges have blocked his policies to protect private interests. He described the new law as a victory for democracy and the will of the Mexican people. However, the reform has faced intense criticism from legal experts, opposition politicians, and international observers. Critics argue that electing judges by popular vote could compromise judicial independence and lead to the politicization of the courts. They fear that candidates may focus on winning votes rather than upholding the law or protecting the rights of minorities. There are also concerns that the change could make judges vulnerable to influence from powerful groups, including organized crime. The legislative process to pass the reform was marked by high tension and civil unrest. In early September, thousands of judicial workers and students went on strike and held massive demonstrations across Mexico City. Protesters even managed to storm the Senate building, forcing lawmakers to relocate their session to a nearby gymnasium to complete the vote. Despite the disruptions, the ruling Morena party and its allies secured the necessary two-thirds majority in both chambers of Congress. International relations have also been impacted by the new law. U.S. Ambassador Ken Salazar expressed serious concerns that the direct election of judges could pose a risk to the functioning of Mexico's democracy. He suggested that the change might weaken the rule of law and harm the commercial relationship between the United States and Mexico. Canadian Ambassador Graeme Clark also noted that investors from his country are worried about the potential for legal uncertainty under the new system. President-elect Claudia Sheinbaum, who is set to take office on October 1, has voiced her full support for the judicial overhaul. During her campaign, she promised to continue the policies of the outgoing administration and urged voters to give her party a supermajority to pass these constitutional changes. Sheinbaum has reassured the public that the reform will lead to a more transparent and fair justice system. She has also dismissed international criticisms as interference in Mexico's internal affairs. The financial markets have shown signs of nervousness as the reform moved toward enactment. The Mexican peso lost value against the U.S. dollar during the weeks of debate, reflecting investor concerns about the future stability of the legal environment. Business groups in Mexico have called for clear regulations to ensure that the transition to the new system does not disrupt trade or economic growth. They emphasize that a predictable judiciary is essential for maintaining foreign investment. Organizing the first judicial election in 2025 will be a massive logistical challenge for the government. Election officials must develop a process to vet thousands of candidates and educate the public on their choices for various court positions. The reform includes the creation of a new Judicial Discipline Tribunal, which will also be elected by the public. This tribunal will have the power to investigate and sanction judges who are accused of misconduct or corruption. This constitutional change represents one of the most significant shifts in the structure of the Mexican government in decades. It signals a move toward a more direct form of democracy that the current administration believes will empower ordinary citizens. As the country prepares for the upcoming elections, the world will be watching to see how the new system impacts the rule of law. The success or failure of this reform may influence how other nations view judicial appointments in the future.