By KELIN DILLON
On Tuesday, Feb. 21, Mexican Supreme Court (SCJN) Justice Alberto Pérez Dayán announced the suspended application of President Andrés Manuel López Obrador’s (AMLO) controversial Plan B electoral reform in Coahuila and the State of México (Edoméx), both of which are set to hold local elections later this year.
“The suspension requested by the various deputies members of the 65th Legislature of the Congress of the Union, promoters of the claim of unconstitutionality 37/2023, is granted, with the effect that it does not govern the electoral processes that are in development in the State of México and in Coahuila,” read Pérez Dayán’s decision.
According to Pérez Dayán, failure to suspend AMLO’s reforms to Mexico’s General Law of Social Communication and the General Law of Administrative Responsibilities, which passed the Mexican Senate late Wednesday, Feb. 22, and is now awaiting the signature of López Obrador to take effect, “could cause irreparable damage to the democratic system and to the fundamental rights involved in it.”
Plan B’s contentious new propaganda previsions, which would allow Mexico’s politicians and electoral candidates to express political opinion without penalty, was also suspended by Pérez Dayán at the time.
Pérez Dayán went on to admit for processing nine claims of Plan B’s unconstitutionality that were previously filed by opposition parties and members of Mexico’s legislative bodies, each of which the government will now have six calendar days from the date of admission to respond to, while Pérez Dayán rejected several other proposed unconstitutionality claims due to their improper filing.
“The suspension measure granted will take effect immediately and without the need to grant any guarantee, without prejudice to the fact that it may be modified or revoked as a result of any supervening event, in accordance with the provisions of Article 17 of the aforementioned Regulatory Law,” concluded Pérez Dayán.
Following the announcement of Pérex Dayán’s ruling, the AMLO administration – via the Legal Counsel of the Federal Executive (CJEF) – announced its intentions to challenge the SCJN minister’s decision and continue pushing for Plan B’s application in Coahuila and Edoméx, characterizing the suspension as “unusual, arbitrary and illegal.”