Fourteen current and former Mexican federal judges filed a petition to the Inter-American Commission on Human Rights (IACHR) condemning Mexico’s recent judicial reform, a group representing the judges announced on May 6, Reuters reported. The reform, which was passed in September, turns all federal judgeships into elected positions, establishing the first elections next month and then again in 2027. What does the reform mean for the independence of Mexico’s judiciary, and what is at stake in the June 1 judicial election? How could the petition filed to the IACHR affect the implementation of the judicial reform? What do the judicial reform and the June election mean for Mexican President Claudia Sheinbaum and her agenda?
Joy Monserrat Ochoa Martínez, senior advisor on human rights at the General Coordination for Policy and Government in the Mexican president’s office: “The reform marks a turning point for Mexico’s judiciary, aiming to democratize a system historically plagued by elitism, nepotism and gender bias. By enabling the popular election of judges and ensuring gender parity in nominations and appointments, it seeks to strengthen public trust and enhance representativeness. While concerns about politicization persist, the reform preserves existing legal standards governing the role of judges, meaning judicial decisions must still adhere to constitutional and legal principles. A lesser-known barrier to justice in Mexico is the public’s loss of confidence in the judiciary, leading many to avoid resolving disputes through legal channels. This reform aims to restore trust and encourage citizens to seek justice through institutional means. For President Claudia Sheinbaum, the initiative reflects her commitment to transparency and inclusion. Politically, relinquishing the president’s unilateral power to appoint supreme court justices—even with a Senate supermajority—reinforces her democratic credentials and opens the door to broader participation. International human rights law does not mandate a specific model for judicial appointments, but rather emphasizes independence, impartiality and diversity—principles that this reform arguably supports. As such, the petition filed by judges challenging the reform may lack a firm legal basis. The ultimate success of the reform depends on its implementation and public engagement. If carried out effectively, it could redefine the judiciary—not only as a guardian of the law, but also as a responsive, representative institution grounded in the democratic will of the people.”
Rodrigo Montes de Oca, research scholar at the Baker Institute Center for the United States and Mexico: “The judicial reform poses a significant threat to Mexico’s democracy. This unprecedented judicial election will undermine the rule of law and erode the country’s system of checks and balances. The harm caused by President Claudia Sheinbaum and her party, Morena, was self-inflicted and entirely avoidable. This reform will introduce further uncertainty into an already multipolar geopolitical environment affected by tariffs and international trade wars, and will not help to tackle the country’s impunity, especially because other parts of the administration of justice process have not been addressed at all. This further makes clear that the objective is not to improve justice but rather to control the judiciary, which had been the last bastion of a system of checks and balances. The consequences of this reform will become apparent soon after the June 1 election, when Mexico delves into the United States-Mexico-Canada (USMCA) trade agreement review and revision process. At that point, Mexico will sit at the negotiation table with a partially renewed and inexperienced judiciary. Inexperienced judges and a court lacking judicial independence are not what foreign investors want to face when considering investments in Mexico. Approximately one year after the election, we will start to see the initial rulings made by these judges, which most likely will reveal the seriousness of this mistake. Legal challenges to the reform have not succeeded in domestic courts, and it is unlikely that the Inter-American Human Rights system will change this outcome. While it is likely that the commission and the court might decide in favor of the 14 judges, it is improbable that such decisions would overturn the judicial reform.”
Maria Vega, senior attorney at México Unido Contra la Delincuencia (MUCD): “Mexico’s judicial reform risks eroding judicial independence by allowing the political appointment of judges, politicizing roles. Sunday’s election will test the system’s credibility. The Inter-American Commission on Human Rights can monitor but only advise, lacking enforcement power. For President Sheinbaum, success strengthens her political agenda; failure risks legitimacy, stability and international scrutiny. This change in the judicial appointment process poses a significant risk to the independence of the judiciary, as it will be the political powers of the state that will select the candidates. Furthermore, politicizing judicial officials compromises their impartiality, weakening the balance of powers. On Sunday, Mexico’s first judicial election will be held, and at the federal level alone, citizens will elect a total of 881 officials: nine ministers of the Mexican supreme court, 17 magistrates of the electoral court, five magistrates of the judicial disciplinary court, 464 circuit magistrates and 386 district judges. This election will be a critical test for this new model. Not only will it determine the first elected judges, but it will also reveal whether the process can guarantee suitable candidates. The Inter-American Commission on Human Rights will be an important international benchmark that, as a result of this petition, will monitor the implementation of the judicial election. However, its scope is limited to issuing recommendations or measures to guarantee the rights of the petitioners, without this implying a structural change in the electoral process. For President Claudia Sheinbaum, this reform is key to the continuity of the political project initiated by former President Andrés Manuel López Obrador. Its success could consolidate her leadership and legitimacy. However, if it leads to an institutional crisis, international questioning or a deterioration of confidence in the justice system, it could represent a high political cost for her administration.”
Stephanie Brewer, director for Mexico, Washington Office on Latin America: “Claudia Sheinbaum’s predecessor, Andrés Manuel López Obrador, proposed the judicial reform to Congress after the supreme court blocked key parts of his agenda. The reform, now part of the constitution, will essentially remake the federal and state judiciaries by replacing all sitting judges with new ones elected by popular vote, with the option for sitting judges to run to keep their seats. Due to its design and context—particularly the method of candidate selection and the climate of government propaganda against the judiciary—the reform is likely to bring about a judiciary more aligned with the ruling party’s agenda and less able or willing to act as a check and balance. What the reform won’t do is address key problems that limit access to justice in Mexico, including deficient criminal investigations that perpetuate impunity and other longstanding weaknesses in security and justice institutions. Sheinbaum defends López Obrador’s reforms and will likely hail the June 1 elections as a historic democratic exercise. In reality, many voters have little realistic chance of learning about all of their district’s candidates due to their large number and the limited publicity of campaigns; other voters will find unopposed candidates on their ballots. Despite the potentially enormous impacts of the reform, voter turnout in the first judicial election is expected to be low. It will be crucial to monitor the judicial reform’s impacts going forward, not just on high-profile cases, but especially on everyday people’s access to justice and human rights.”
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