Federal judges and magistrates in Mexico voted to end their nearly two-month strike on Friday against judicial reforms implemented by former President Andrés Manuel López Obrador which made judges elected rather than appointed.
Although the National Association of Circuit Magistrates and District Judges (JUFED) announced that judicial proceedings will recommence, the judges and magistrates have confirmed that their protests against the reform will continue in different forms. In the vote on ending the strike 684 judges voted in favor, while 572 voted against.
The strike stemmed from a controversial judicial reform proposed by López Obrador, which includes sweeping changes to the country’s judiciary. One of the most contested aspects of the reform is the election of judges and magistrates by popular vote, including those on the Supreme Court. Critics argue that this undermines judicial independence by exposing judges to political influence. Another key concern is the potential dismantling of the career-based judicial system. Protesters fear that the reform enables political interference in the appointment of judges, compromising the impartiality and professionalism that is essential to the rule of law. Many view the reform as an attempt to consolidate power within the executive branch, while weakening necessary checks and balances.
In addition to these concerns, the JUFED has stated that the reform violates judge’s labor rights, negatively affecting their job security and working conditions. López Obrador, however, has defended the reform, claiming it is necessary to create a more austere and independent judiciary. President Claudia Sheinbaum, who took office Oct. 1, also supports the reform.
The judicial strike has had severe repercussions. Lenia Batres, a minister of the Supreme Court of Justice of the Nation, reported that the strike had generated damages amounting to an estimated cost of MX$9.8B (US$506M) to the national treasury, a backlog of 175,000 new cases, and the postponing of more than 10,000 hearings related to issuing detention orders. Additionally, the strike resulted in the abandonment of 440,000 amparo proceedings. An amparo is an action for the court’s protection if an individual’s constitutional rights are found to be in danger of being violated.
Protests have been widespread and intense, including mass marches, blockades of Congress, and a national strike by judicial workers. Some demonstrations escalated into confrontations with police and the Senate was temporarily occupied during debates on the reform. Despite voting to resume work on October 12, judges remain determined to oppose the reform, which they see as a direct threat to the independence of Mexico’s judiciary and a potential danger to the country’s democratic institutions.
Election is an uncommon way of choosing judges, with Mexico’s reform making the country an international outlier. The only other country in the world that elects most of its judges through a popular vote is Bolivia, although certain states in the US and all cantons in Switzerland also elect judges.