How many votes does the AMLO Electric Law need in the SCJN to survive

This Thursday at 11 a.m. the session resumes in the plenary session of the Supreme Court of Justice of the Nation (SCJN) in which it will be voted on whether the legal amendments to the Law of the Electrical Industry (LIE) approved in March 2021 are constitutional, as proposed by Minister Loretta Ortiz Ahlf.

Last Tuesday, President Minister Arturo Zaldívar adjourned the session after two hours of analysis, in which most of his colleagues spoke out for departing from some points proposed by Ortiz and shaping themselves towards the unconstitutionality of the changes to the electrical system, including Javier Laynez Potisek.

However, the Electricity Law, which is intended for the Federal Electricity Commission (CFE) to have preference for energy production and distribution, only requires the vote of four ministers for the three challenges to this regulation to be dismissed, since to determine unconstitutionality, at least 8 are required votes of the 11 members of the Plenary of the Tribunal.

In her project, Minister Loretta Ortiz proposes that the Mexican State maintain sovereignty in the energy industry over private companies, a situation that was supported by her colleague Yasmín Esquivel. In addition, some political analysts believe that the votes in favor of the project by Arturo Zaldivar and Alfredo Gutiérrez Ortiz Mena could give life to the Electric Law promoted by the government of President Andrés Manuel López Obrador.

Last Tuesday, before the session in the Court to analyze in substance the constitutionality of Articles 3, Sections V, XII, XII bis and XIV, 4th, Sections I and VI, 26, 35, 53, 101 and 108, Sections V and VI, added or amended of the Electrical Industry Law in the light of article 28 of the Constitution, the president of the República stated that the members of the highest court should define whether they were on the side of the people or individuals.

López Obrador called for the limited interest that magistrates have shown in the Electricity Reform - the essence of which contravenes the provisions of current legislation, where “preferential treatment is towards private companies” and the production of hydroelectric plants is limited.

Thus, the session of this April 7 is of vital importance for the energy policy proposed by the head of the executive and his so-called fourth transformation, since it only requires three ministers to give their support to Minister Ortiz Ahlf's project.

The unconstitutionality action 64/2021, was promoted by opposition senators, demanding the invalidity of the Decree amending and adding various provisions of the Law on the Electricity Industry, published in the Official Gazette of the Federation of March 9, 2021. In addition, the government of Colima and the Federal Commission for Economic Competition (Cofece) promoted challenges that will also be resolved individually in this Thursday's session.

Currently, the amendments to the regulatory framework published in March 2021 are suspended by two federal judges on amparo matters, who considered that they violated the precepts of the General Constitution.

At the same time, the Chamber of Deputies began the Energy Reform process with which the Mexican government intends that the Federal Electricity Commission (CFE) will ensure the production of 54% of energy, however, its approval requires Morena and its allied parties to attract the vote of other banks in order to achieve the absolute majority required to support constitutional reform.

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