Introduction to the Supreme Court of Justice of Mexico (SCJN)
The Supreme Court of Justice of the Nation (SCJN) in Mexico, the country’s highest constitutional court, is currently grappling with a substantial backlog of 1,341 cases. With only two sessions remaining in the second period of its current term before new ministers take office, the court faces a daunting task in resolving these pending matters.
Current SCJN Composition and Upcoming Changes
The current term consists of 11 ministers, who will be joined by nine newly elected ministers on September 1st. This change marks a significant milestone, as these newly elected ministers will be the first in Mexican history to assume their roles through popular vote. The upcoming term will see crucial decisions being made by this new integration of the court.
Key Pending Cases
Among the most prominent cases pending resolution by the SCJN is the action of unconstitutionality 49/2021, initiated by the National Human Rights Commission (CNDH). This case concerns the constitutionality of preventive detention, which has been a subject of debate and controversy.
Preventive Detention Case Details
The proposed ruling, penned under the leadership of Margarita Ríos Farjat, suggests that preventive detention (Article 19 of the Constitution) should not be automatically applied but rather subjected to scrutiny. This approach implies that the new SCJN composition will ultimately decide on this matter.
Upcoming Vote on Amparo 374/2020
According to the agenda for the upcoming session on August 13th, the SCJN’s First Sala will vote on the ruling for amparo 374/2020. In this case, Juan Luis González Alcántara Carrancá proposes granting amparo, but only for the consumption of psychedelic mushrooms.
Case Resolution Progress
As of the cutoff date, 456 (34%) of the total pending cases have received a draft ruling from either the Secretary General of Agreements or the relevant court’s secretariats. Of these, 31 (2.3%) were constitutional controversies and actions of unconstitutionality, while 211 (15.7%) had been admitted but not assigned.
Deadline for Final Case Delivery
The SCJN’s agreement outlines that all cases assigned to pending resolutions must be submitted to the Secretary General of Agreements, Sub-Secretary General of Agreements, or the Controversies Constitutional and Actions of Unconstitutionality Tramite Section between August 18th and 22nd, 2025.
Key Questions and Answers
- What is the Supreme Court of Justice of Mexico (SCJN)? The SCJN is the highest constitutional court in Mexico responsible for interpreting and upholding the country’s Constitution.
- Why is the SCJN facing a backlog of cases? The SCJN has accumulated 1,341 pending cases due to various factors, including the complexity of constitutional matters and limited resources.
- What is preventive detention, and why is it under scrutiny? Preventive detention (Article 19 of the Constitution) is a measure allowing for the detention of individuals suspected of committing certain crimes before trial. The CNDH’s action of unconstitutionality 49/2021 challenges its application.
- What is the proposed ruling on preventive detention? The draft ruling, authored by Margarita Ríos Farjat, suggests that preventive detention should not be automatically applied but rather subjected to scrutiny.
- What is amparo 374/2020, and what does it propose? Amparo 374/2020 is a case proposing amparo (protection of constitutional rights) for the consumption of psychedelic mushrooms, as advocated by Juan Luis González Alcántara Carrancá.
- What percentage of pending cases have received draft rulings? Approximately 34% (456 cases) of the total pending cases have received draft rulings from relevant SCJN secretariats.
