Supreme Court Declares AMLO’s Electricity Reform Constitutional

Mexican Supreme Court Chief Justice Arturo Zaldívar. Photo: Google


In a political win for President Andrés Manuel López Obrador (AMLO), Mexico’s Supreme Court (SCJN) on Thursday, April 7, declared that his controversial electricity reform, which prioritizes state-run carbon-based energy sources over clean alternatives, does not violate the country’s Constitution.

With four out of 11 votes, the SCJN rejected a declaration of unconstitutionality of the prevalence of the Federal Electricity Commission (CFE) in the production and commercialization of electrical energy over companies in the sector private.

Although a majority of the SCJN justices opposed the decision, a loophole in the Mexican judicial system allowed for just four justices to reject an opposition suit claiming that the reform, enacted in March 2021, violates the Constitution.

The justices who approved the reform were Alfredo Gutiérrez Ortiz Mena, Yasmin Esquivel Mossa, Loretta Ortiz Ahlf and Chief Justice Arturo Zaldívar, who cast the deciding vote.

Notwithstanding, the debate over the reform is not over yet, since issues such as the analysis of the reform’s compatibility with international environmental and economic treaties are still pending.


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