The first appeal was filed to suspend the appointment of Ariel Lijo and Manuel García-Mansilla to the Supreme Court

Following the Decree published in the Official Gazette with the appointments of Ariel Lijo and Manuel García-Mansilla to the Supreme Court, the first amparo action was filed this Wednesday in the Court to suspend the swearing-in of the two candidates of President of the Nation Javier Milei.

The document was submitted by the NGO Asociación Civil Centro de Estudios para la Promoción de la Igualdad y la Solidaridad (CEPIS) with a marked opposition to the letter of Decree 137/2025 that formalizes the appointment of judges to the commission.

In this document, it was requested that the regulations published by the Executive Branch be annulled and declared unconstitutional.

Under the same line of argument, CEPIS requested that a precautionary measure be granted so that the scope of the Decree is not complied with, that is: that the swearing-in of Ariel Lijo and Manuel García Mansilla be suspended.

This is an interim precautionary measure until the substance of this discussion on the possible unconstitutionality of the designation decree is resolved .

Among the requests made, it was requested that this action be registered in the Supreme Court's Collective Proceedings Registry, given that more presentations may be made during the course of the day.

When arguing this request, CEPIS stated in its brief: “The issuance of decree 137/2025 demonstrates the violation of the principle of non-concentration of power, lacks proper justification and the relationship of the alleged situation with the institutional damage it causes is disproportionate.”

Continuing with the explanation, it was pointed out that this circumstance "demonstrates the arbitrariness and unconstitutionality of the same, with the Executive Power assuming powers that are regulated to the legislative power in the search for consensus and cross-control of powers and duties. In short, the Executive Power arrogating to itself powers prohibited by the National Constitution."

Among other aspects mentioned in the first presentation opposing the arrival of Lijo and García-Mansilla through the decrees signed by the Head of State, there was talk of an "action that manifestly arbitrarily injures the guarantee of independence provided for in article 18 of the National Constitution."

Finally, the Civil Association stated in its presentation: “These provisions establish the minimum content so that the justice administration system is independent of the other powers of the State and so that judges, prosecutors and defenders can freely carry out the delicate mission that has been assigned to them, without political interference, and protected from any pressure, attack or persecution.”

Early this morning, the Official Gazette published the Decree of appointment, which expresses a marked criticism of the Senate.

The Government stressed that the Upper House "has not yet issued a decision approving or rejecting any of the applications submitted by the Executive Branch, which, instead of carrying out a serious and objective analysis of the suitability of the proposed candidates, has repeatedly chosen to delay its decision based on considerations motivated by political convenience."

"This delay on the part of those who must decide on the submitted documents," according to the text, "implies a failure to comply with the constitutional duties of the Senate, ignores what is established by Article 16 of the Constitution and subordinates the correct administration of justice to partisan interests, to the detriment of all citizens."

The Government therefore considers that "the silence of the Upper House is unjustifiable, places it at fault before the entire Argentine people and endangers the normal functioning of the Supreme Court."

At the same time, he states that "the current situation of the Supreme Court of Justice places it at imminent risk of paralysis in the exercise of its jurisdictional function."