Judicial Crisis: 50 Challenges and Morena vs. Togas in the SCJN

The Mexican political landscape remains turbulent following the recent judicial election. The Federal Electoral Tribunal of the Judiciary (TEPJF) has begun receiving the first challenges, now totaling more than 50. Meanwhile, Morena and the PVEM (Poverty Reduction Party) have launched a controversial proposal: to eliminate the use of robes in the Supreme Court of Justice of the Nation.

The aftermath of the unprecedented popular vote election of judges, magistrates, and ministers in Mexico has begun to be felt. The Electoral Tribunal of the Federal Judicial Branch (TEPJF) confirmed this Thursday that it had received more than 50 appeals against the results of the elections held on June 1. These appeals, filed by various political actors and candidates, seek everything from vote recounts to the annulment of the election in some districts, alleging various irregularities, including the alleged use of "accordions" or improper support material during the election.

In parallel to this legal battle, the ruling coalition has sparked a new debate by proposing a symbolic but meaningful measure: the elimination of the mandatory wearing of robes for justices of the Supreme Court of Justice of the Nation (SCJN) and other justice officials.

The filing of around fifty challenges before the TEPJF (General Electoral Tribunal of the Judiciary) was a predictable scenario given the contentious nature of Mexican politics and the specifics of this first mass judicial election. The arguments of the protesters are varied and point to alleged flaws in the process that could have affected the results.

This avalanche of legal challenges puts considerable pressure on the TEPJF (Judicial Electoral Tribunal), which must resolve each case swiftly and transparently to provide certainty and legitimacy to the new members of the judiciary. The validation of the elections by the National Electoral Institute (INE) is only the first step; the final decision will rest with the electoral judges. The manner in which these challenges are resolved will be crucial to public perceptions of the fairness of the process and the independence of the new judges.

The proposal by Morena and the Green Ecologist Party of Mexico (PVEM) to eliminate mandatory robes in the Supreme Court and other levels of the judiciary has been met with surprise and skepticism by some sectors, and with support by others. Proponents argue that it seeks a more accessible and less formalistic justice system.

However, for many analysts and members of the opposition, this initiative is seen as a symbolic move seeking to diminish the solemnity and historical identity of the judiciary. The toga, they argue, is a symbol of impartiality, authority, and tradition in many judicial systems around the world. Its elimination could be interpreted as an attempt to diminish the stature or perceived independence of judges vis-à-vis other branches of government.

"Morena and PVEM want to eliminate the toga in the Supreme Court." – Legislative proposal following the judicial election.

Both the mass challenges and the proposal regarding the togas are manifestations of a broader and deeper power struggle over the configuration and control of the judiciary in Mexico. The direct election of judges was a reform promoted with the argument of democratizing justice, but it was also seen by critics as a way of politicizing it.

Post-election events suggest that tensions between political power derived from the ballot box and traditional judicial institutions will continue to be a central issue on the national agenda. The resolution of these disputes will largely define the balance of power and the nature of justice delivery in the country for years to come.

The INE is expected not to call an extraordinary judicial election in the event of significant ties or nullities, as, for the first time, it was stripped of that power by the judicial reform, placing the responsibility squarely in the hands of the Senate. The newly elected jurists, once their victories are confirmed, will be sworn in on September 1.