Why everyone is concerned about Mexico’s democracy

President Andres Manuel Lopez Obrador has proposed a bill that would let voters elect judges for the Supreme Court and other courts, sparking concerns in Washington and among business leaders. This legislation could undermine Mexico’s young democracy and affect its economic partnership with the United States, they argue.

Critics are especially worried because President Lopez Obrador’s Morena party controls Congress and might use this to get judges who support them. If this happens, Mexico could return to a one-party state like it was for much of the 20th century. The proposal has been approved by the House of Deputies but still needs to be passed by the Senate.

Mexican voters would choose Supreme Court justices

Currently, most federal judges are chosen based on their experience and qualifications. If this reform is accepted, nearly all federal judges will have to quit within three years. Mexican citizens would then vote for new judges from candidates selected by the president, Congress, or the judiciary branch. They would elect 1,686 federal judges, including nine Supreme Court justices, in elections next year and in 2027. Additionally, 5,000 state and local judges would also be chosen through popular election.

The reform eliminates tenure and experience requirements for judges and gives them a nine-year term. Critics believe that elected judges might prioritize pleasing voters over upholding the law impartially, which could erode judicial independence. Interest groups may attempt to curry favor with judges by making campaign contributions, which could lead to bias. The ruling party’s influence in candidate selection could also result in judges who are sympathetic to Morena and undermine checks and balances.

For investors, this reform introduces uncertainty

Mexico is the United States’ top trading partner, and U.S. Ambassador Ken Salazar has expressed concerns that this overhaul might reduce investor confidence in Mexico’s legal system and jeopardize their trade relationship. Business organizations say it comes at a bad time as Mexico tries to benefit from nearshoring trends.

Financial markets have already reacted negatively to Morena’s strong victory in June, with the peso losing over 10% of its value since then.

Source: Washington Post