Nothing would be better for the country than today being a normal day in the Supreme Court of Justice of the Nation (SCJN) in which the ministers reject a project that clearly violates constitutional principles, such as the one prepared by Minister Loretta Ortiz to validate the reforms to the Law of the Electricity Industry that oppose the constitutional reform of 2013.
The Supreme Court has already had several of those days in which the ministers must discuss highly controversial projects that are clearly contrary to law.
Like the one who, from a transitory article in a secondary law, tried to open the door to re-election in Mexico, beginning with the minister president of the SCJN, Arturo Zaldívar. In a resounding refusal, the ministers closed the door to an alleged aberration since the 4T.
It is not at all an exaggeration to say that today the Court has in its hands the stability of the markets, the country’s finances, the economy and bilateral relations with the United States and the rest of the world that maintain a market economy.
Minister Ortiz Ahlf’s project, in addition to being little known by public opinion, would be more intended to do legislative work than to evaluate its constitutionality.
There is a clear political motivation promoted by President López Obrador to return his monopoly powers to the Federal Electricity Commission. However, this is clearly prohibited by the Constitution and does not allow ideological interpretations, neither from the President nor from the ministers.
The correct path that the 4T must follow, if it wants to privilege its ideological vision, is the reversal of the constitutional changes, it is the one that it is currently following with its constitutional counter-reform in energy matters, which reaches the electricity sector, but also other energy activities.
The Constitution clearly establishes the presidential power to send an initiative in those terms and if it obtains the approval of three quarters of the Union Congress and a majority of the state congresses, then that reform is reversed. And it will be legal, even if companies, experts, specialists, academics, foreign governments and whoever oppose it.
But the highest court, an autonomous power, cannot put an entire country in check by a presidential instruction.
It is therefore not a small thing what is defined today in the Supreme Court. In fact, it will be more than just a day at the office, because if sanity prevails and the project is rejected, the ministers will send a powerful message of autonomy. Then, a new project will have to be elaborated, because this is not a judged case.
But if the few enough votes are gathered for Ortiz Ahlf’s project to prosper, the effect will be immediate and very negative.
The double effect would be by endorsing a secondary law that contradicts the Constitution and by the message of submission that would remain from the work of the SCJN.
The negative reaction of the markets and the United States government would be guaranteed, which would immediately initiate legal proceedings within the framework of the international agreements that Mexico has.
Today, then, is an important day for the Supreme Court and for the country.
Televisa News Anchor
The great Depression
Bachelor of Communication Sciences from the National Autonomous University of Mexico, with a specialty in finance from the Autonomous Technological Institute of Mexico and a master’s degree in Journalism from the Anahuac University.
His professional career has been dedicated to different media. He is currently a columnist for the newspaper El Economista and news anchor on Televisa. He is the owner of the 2 pm news space on Foro TV.
He is a specialist in economic-financial issues with more than 25 years of experience as a commentator and host on radio and television. He has been part of companies such as Radio Programas de México, where he participated in VIP business radio. He was also part of the management and talent team of Radio Formula.