In its first session this week, the Supreme Court of Justice of the Nation (SCJN) will resolve the request for obstruction initiated by the Legal Department of the Federal Executive (CJEF), who wants Minister Javier Laynez Potisek not to participate in the resolution of the unconstitutionality action initiated by opposition senators, against the extinction of 13 trusts in the Federal Judicial Branch (PJF).
This request for blocking, with file 20/2023, was presented on Friday and will be voted on Tuesday, a speed that has not been seen before in the highest court to process the same request.
The underlying issue is the unconstitutionality action 214/2023, initiated by the senators of PAN, PRI and PRD, which challenges the changes in the Organic Law of the Judicial Branch of the Federation (LOPJF) so that neither the SCJN nor the Council of The Federal Judiciary (CJF) may have a trust that has no direct relationship to their substantive work.
In this way, 13 of the 14 trusts that PJF has and that concentrate more than 15,800 million pesos will be extinguished.
Opposition senators presented their unconstitutional action alleging that this reform threatens the autonomy and independence of the PJF.
However, on October 31, the president of the SCJN and the CJF. Norma Lucía Piña Hernández, accepted the principle of the offer of President Andrés Manuel López Obrador so that the money from these trusts will be dedicated to helping those affected by Hurricane Otis in Acapulco.
The president ordered the Ministry of the Interior to start negotiations on the matter with the SCJN, but days later Piña declared that he would not make any decision until the amparos initiated by the magistrates and judges against the LOPFJ reform.
Added to these protections are the actions of opposition senators, and the request for an obstacle from the CJEF.
Minister Laynez has not yet admitted the unconstitutionality of the processing action, so if his objection is accepted, the matter will be handed over to another of his colleagues at the level.
The CJEF must base their reasons for considering that Laynez should not intervene in this matter, and the plenary session will decide whether he is right or not, in a decision that will be made by a simple majority vote.