Mexico supreme court rules transferring national guard from civilian to military control was unconstitutional

19 April 2023
Supreme Court of Mexico (photo credit: Opinio Juris)
Supreme Court of Mexico (photo credit: Opinio Juris)
Mexico’s Supreme Court ruled [on 19 April] that last year’s transfer of the newly created National Guard from civilian to military control was unconstitutional, dealing a blow to President Andrés Manuel López Obrador who created the security force in 2019. The vast majority of the National Guard’s members and leadership came from Mexico’s military, but it was described as a civilian force and placed under the control of the civilian public security ministry. López Obrador created it with a constitutional reform to replace the disbanded federal police. Last year, Mexico’s Congress passed legislation shifting control of the National Guard to the military. López Obrador had argued [...] that it was the only way to avoid the corruption that engulfed the federal police. Legal challenges were mounted immediately, noting that since the civilian nature of the National Guard was enshrined in the constitution, it could only be changed through another constitutional reform. By then however, López Obrador’s ruling party and allies no longer had the necessary majority in Congress. The attempted shift fed criticism that López Obrador was militarizing Mexico. [...] López Obrador also vastly expanded the military’s responsibilities, putting them in charge of ports and customs, as well as his signature projects like building a new Mexico City airport and a tourist train on the Yucatan Peninsula. [...] Eight of the court’s 11 ministers ruled the transfer to military control unconstitutional. [...B]efore the court’s decision, López Obrador criticized the court broadly for not producing justice and personally for court members’ salaries.
Read the full article here: AP

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