Legal Irony in Mexico | KRWG Public Media

Commentary:

The presidency of Mexican President Andres Manuel Lopez Obrador (AMLO) ends on October 1, when Claudia Sheinbaum takes over as Mexico’s leader. AMLO’s tenure has been marked by a somewhat hands-off relationship with the U.S., cooperating on some cross-border issues and semi-cooperating on others. Now that he is leaving office, AMLO is getting involved in another issue with the U.S. that he appears to have taken personally.

AMLO has pushed for Mexico to elect its judges by citizens, rather than appointing them as is currently the case. Mexico’s Congress plans to vote on the measure this month. If passed, it would see more than 5,000 judges fired and their seats determined by elections. AMLO’s stance on the issue has been opposed by sitting Mexican judges, many of whom have gone on strike.

It is also viewed negatively by the US. In response to AMLO’s attempt to change Mexico’s judicial system, US Ambassador to Mexico Ken Salazar posted his thoughts on the matter on X. Salazar stated that “based on my lifetime of experience supporting the rule of law, I believe that direct popular election of judges poses a grave risk to the functioning of Mexican democracy.” He even went so far as to say that the move “will threaten the historic trading relationship that we have built.” Canada’s ambassador to Mexico followed Salazar’s lead and also expressed concern about AMLO’s move.

AMLO retaliated against the US and Canadian stance, which he sees as an intrusion into Mexico’s internal affairs, by pausing Mexico’s relations with both the US and Canadian embassies in Mexico. It should be noted that he did not suspend diplomatic relations with the US State Department, the Biden administration, or Canada in general. AMLO stated that this was “not an argument between enemies” and that the pause would remain in effect until the US and Canada showed respect for Mexico’s sovereignty. In response to the pause, Ambassador Salazar stated: “The United States supports the concept of judicial reform in Mexico, but we are deeply concerned that the popular election of judges would neither address judicial corruption nor strengthen the judicial branch of Mexico’s government.”

As AMLO stated, the U.S., Mexico, and Canada are not enemies, but close allies who work closely together on trade, immigration, and a variety of diplomatic issues. However, the parties involved in this current conflict are both correct in their positions. Mexico is a sovereign, democratic nation that has the right to make its own laws, including how judges are selected. If the Mexican Congress votes on AMLO’s measure, it will do so, and within the limits of its constitution.

On the other hand, the US and Canada are right in their concerns. If Mexico were to pass the law, there would be a danger that bad actors could influence or outright buy judges for their own interests. The Mexican drug cartels already exert influence on the Mexican government, from the local to the federal level. Who’s to say they can’t use their vast wealth and intimidation to select judicial candidates who will work for them while they are in office, while ignoring Mexican laws? Could their influence extend all the way to the Mexican Supreme Court?

This is what Ambassador Salazar was referring to when he expressed his concern that democracy in Mexico could be undermined by AMLO’s move. In the US, judges are selected through appointments and elections. I find it ironic that the US would oppose a move in Mexico to allow a more democratic process in Mexico. It usually pressures countries to practice more democracy, not less. In this case, I understand the concern that Ambassador Salazar expressed.

This latest incident is also another example of how oversensitive Mexico can be in dealing with its northern neighbor. It does this when it feels it is not being treated with respect. This is due to the ups and downs relationship the two countries have had since the U.S.-Mexican War of 1846. Mexico is right that at times in its history, the U.S. manifest deficiency or condescending attitude toward it has caused friction

AMLO’s presidency is less than a month away, so even if he doesn’t hit the reset button to resume relations with the US and Canadian embassies, Sheinbaum has the opportunity to do so. She supports AMLO’s move and ensures that policies are put in place to ensure the qualifications of candidates and keep corruption out of the process. She has a chance to demonstrate this. She can also use this issue to help reshape Mexico’s relationship with the US and Canada, so that the three North American countries have a closer relationship. This is an opportunity for her to communicate openly with her two allies from the start. Friends and neighbors don’t always get along 100 percent. There will be disagreements. It’s how you resolve them that matters.

Jerry Pacheco is the president of the Border Industrial Association. Jerry Pacheco’s opinions are his own and do not necessarily reflect the views of KRWG Public Media or NMSU.