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Mexico’s Supreme Court Applies New Amparo Law, Limiting Recusals to Substantive Issues

Legal groups warn the overhaul curtails access to constitutional relief.

Overview

  • Congress approved the Sheinbaum-backed reform and it took effect after publication in the federal gazette in mid-October.
  • The Supreme Court used the new Article 59 to rule that recusals against ministers and magistrates are only admissible to prevent them from deciding a case’s merits and must be dismissed when tied to accessory or procedural matters.
  • The decision mooted a pending contradiction of criteria and relates to a recusal bid involving businessman Ricardo Salinas Pliego and Minister Lenia Batres.
  • The reform narrows standing to demonstrable personal legal harm, curbs collective amparos, expands judges’ discretion to summarily reject petitions viewed as dilatory, and restricts suspensions in areas such as firm tax credits and money laundering.
  • Mexico’s Bar Association argues the changes weaken suspensions, implicate issues tied to the financial intelligence unit and preventive detention, and risk unconstitutional retroactivity via the decree’s third transitory article.