Background on the Supreme Court of Justice of the Nation (SCJN)
The Supreme Court of Justice of the Nation (SCJN) is Mexico’s highest court responsible for interpreting the Constitution and ensuring that laws comply with it. The SCJN plays a crucial role in protecting human rights and resolving disputes between states or municipalities.
Pending Issues for SCJN in 2026
In 2026, the SCJN will address various significant issues inherited from its previous integration. Among these is an action of unconstitutionality promoted by the National Human Rights Commission (CNDH) concerning preventive detention of oficio.
Legislation to be Reviewed
The new justices will determine whether to declare invalid various provisions of the following laws:
- National Criminal Procedures Code
- Federal Election Crimes Law
- Forced Disappearance Prevention and Commission by Individuals Law
- National System for the Search of Disappeared Persons Law
- Federal Hydrocarbons Anti-Crime Law
- Federal Firearms and Explosives Law
- Federal Penal Code
- General Health Law
- Federal Anti-Organized Crime Law
- Highways General Communication Law (decreed on February 19, 2021)
Other Pending Matters
The SCJN’s agenda also includes resolving various legal reforms approved by the Federal Congress since the administration of former President Andrés Manuel López Obrador. These reforms have been contested by the opposition in both chambers of the Legislative Power. Additionally, there are matters related to tax collection, base salary or UMA-based payments, and the consultation of people with disabilities.
Call for Unity
During the closing of the Second Period of Sessions for 2025, SCJN President Hugo Aguilar Ortiz emphasized the importance of unity and commitment to overcome internal and external challenges facing Mexico.
“The situation, both internally and externally, demands our commitment, unity, and above all, confidence in our capabilities,” Aguilar Ortiz stated.
He believes that the SCJN’s “greatest challenge” is to “transmit and consolidate change.”
Key Questions and Answers
- What is preventive detention of oficio? Preventive detention of oficio (preventive detention) is a legal measure that allows for the detention of an individual before trial if there is substantial evidence suggesting they committed a crime.
- Who is the National Human Rights Commission (CNDH)? The CNDH is an independent autonomous body established to promote and protect human rights in Mexico, ensuring that public authorities comply with domestic and international human rights obligations.
- What is the role of the SCJN in addressing these issues? The SCJN will review the constitutionality of various laws and resolve disputes between different branches of government, ensuring that legislation aligns with the Constitution and protects human rights.
