- On February 13, 2025, the Supreme Court of Justice of the Nation (“SCJN”) issued a press release reiterating that suspensions granted within amparo trials by district judges can only be confirmed, modified or revoked by the Circuit Collegiate Courts or the SCJN itself.
- Accordingly, it determined that the Superior Chamber of the Electoral Tribunal of the Judicial Branch of the Federation (“TEPJF”) does not have the constitutional or legal powers to supervise or invalidate such determinations.
The Plenary of the SCJN resolved a controversy arising from suspensions granted in various amparo trials brought against the implementation of the Judicial Reform, published on September 15, 2024. In light of this, authorities such as the National Electoral Institute (“INE”) and the Senate of the Republic requested the Superior Chamber of the TEPJF to rule on the validity of said suspensions. In its resolution, the Superior Chamber determined that such suspensions were invalid and issued by an incompetent authority.[1]
However, the SCJN established that the Superior Chamber of the TEPJF does not have the power to review, supervise or invalidate decisions issued by amparo judges. In this regard, it stressed that the power to confirm, modify or revoke suspensions in amparo falls exclusively on the Circuit Collegiate Courts or on the SCJN itself, in accordance with the principles of judicial independence and hierarchy of powers established in the Constitution.
As a result of its resolution, the Plenary of the SCJN ordered the District Judges who had granted suspensions against the implementation of the Judicial Reform to review their respective determinations ex officio. Additionally, it declared inadmissible the request of the TEPJF to consider various ministers of the SCJN disqualified for alleged personal interest in the controversy, since the Superior Chamber of the TEPJF is not a defendant nor does it have a litigious interest in the conflict.
The criterion adopted by the SCJN reaffirms the exclusivity of the powers of the judges and tribunals of the Judicial Branch of the Federation in matters of amparo. In addition, it establishes a precedent in the defense of judicial independence, by making it clear that no other authority, including the Superior Chamber of the TEPJF, can attribute to itself powers that have not been conferred by the Constitution or the law. This decision could have a significant impact on future litigation on the application of the Judicial Reform and on the delimitation of powers between federal jurisdictional bodies.
[1] Press Release Supreme Court of Justice of the Nation: https://www.internet2.scjn.gob.mx/red2/comunicados/comunicado.asp?id=8170
