Mexico is protesting US ambassador's criticism of proposed judicial overhaul

MEXICO CITY — Mexico said Friday it is sending a diplomatic note protesting supposed U.S. interference after the American ambassador openly criticized a proposed Mexican judicial overhaul that would make all judges stand for election.

President Andrés Manuel López Obrador called the comments “disrespectful of our national sovereignty” and claimed it interfered in Mexico’s domestic affairs, adding “I hope this will not happen again.”

On Thursday, U.S. Ambassador Ken Salazar said the proposed changes pose a “risk” to Mexico’s democracy and that they threaten "the historic commercial relationship” between the two countries. Critics fear the constitutional changes are an attempt by López Obrador to weaken the independence of the judiciary.

The diplomatic note said the ambassador's comments “represent an unacceptable interference, a violation of Mexico's sovereignty.”

The proposal to require judges to stand for election, which has not been approved yet, has spurred criticism from investors and financial institutions in recent days, with the Mexican peso steadily dropping in currency markets.

On Tuesday, Morgan Stanley downgraded its recommendation for investing in Mexico, saying the overhaul would “increase risk.” Others, like Citibanamex, warned that passage of the proposal could end in the “cancellation of liberal democracy.”

“Democracies can’t function without a strong, independent and non-corrupt judicial branch,” Salazar told reporters. “Any judicial reform needs to have safeguards that the judicial branch is strengthened, and not the subject to political conditions.”

He said the proposed overhaul would “help cartels and other bad actors take advantage of inexperienced judges with political motivations,” and “create turbulence” both economically and politically for years to come

The proposed overhaul also has triggered strikes by federal court workers and judges in many parts of Mexico this week.

If approved, the measures would allow virtually anyone with a law degree with a few years experience as a lawyer to become a judge through popular vote. If too many candidates register to run for a judgeship, the final contenders would essentially be chosen by putting their names in a hat and holding a drawing.

Given major electoral wins by López Obrador’s Morena party in June, academics, financial institutions and court employees say the changes would pave the way to stack courts with politically biased judges. That could hand the governing party control of all three branches of government and deal a blow to checks and balances, they warn.

The proposal must be approved by Mexico’s newly elected congress, which will take office Sept. 1 with Morena and its allies holding a majority. The president’s six-year term runs to Sept. 30, and President-elect Claudia Sheinbaum has also defended the proposal.

López Obrador, a populist averse to independent regulatory agencies, has long been at odds with the judicial branch.

He contends judges are part of a “mafia” that opposes him, and says the proposal is meant to clean up corruption. He has gone on winding rants against the judicial system, ignored court orders and publicly sparred with judges whose rulings he has disagreed with.

While Salazar said rooting out corruption in Mexico’s judiciary is not a bad idea, he expressed deep concern over the prospect of having judges elected.

“The direct election of judges represents a risk for the functioning of Mexico’s democracy, and the integration of the American, Mexican and Canadian economies,” Salazar said.

It was an unusual about-face for Salazar, an ambassador who had long been criticized for being too subservient to the Mexican president and who had previously been a staunch defender of Mexico's right to reform its judiciary and its energy industry.

López Obrador said it appeared Salazar had been ordered to make the comments by the State Department.

Salazar made the comments after some U.S. industry groups wrote to U.S. Secretary of State Antony Blinken earlier in the week complaining the reforms could weaken protections for investors and favor Mexico's own state-owned companies.

“This isn't Ken,” López Obrador said. “Ken is the spokesman, this is the State Department.”