Summary: Mexico’s Supreme Court declared a bill to transfer power of Mexico’s National Guard from civilian control to military control unconstitutional. The National Guard came to fruition in 2019 after constitutional reform disbanded the federal police. Critics criticized how the constitution enshrined the National Guard as a civilian body and also fear Lopez Obrador, Mexico’s President, has been militarizing Mexico, which they fear may lead to only further escalation between the cartels and the military. Obrador claims that using the military avoids the corruption of the federal police and over the years with his majority has empowered the National Guard to oversee ports and customs. They likely now have the firepower to combat cartels, yet lacks the investigative power the civilian police force yields, which the court has now denied them.
Analysis: I believe Lopez is attempting to take a different approach to battling the influence of the cartels of Mexico rather than relying on the police forces that are too notoriously corrupt to do so. Militarization of the National Guard may just be enough to somewhat combat the influence of the cartels, perhaps not to the extent Lopez expects, but it would pay off. Local police forces have been (hilariously) unable to battle the cartels, with a major incident taking place in 2019 with El Chapo’s son. A standoff between the police and cartel had led to his release only a mere few days after his arrest following a shootout. These embarrassments have likely prompted Lopez to push for further militarization to prevent such incidents from happening again. Of course, the Supreme Court recognizes what the constitution states, that the body is a civilian body, however, I expect at least some attempt by Lopez either to bypass this, outright ignore it, or to try to pack Mexico’s Supreme Court. Overall, I’m not sure Lopez is going towards the right direction to combat the cartel problem, but the means he may take to accomplish his goals will undermine Mexico’s legal system and constitution.
Connection to Class: While the legal issue has gone on, in the background the military has been accused at an alarming rate for violations of human rights guaranteed by UN resolutions and the Universal Declaration of Human Rights. Civilians have been increasingly harmed and or killed in the crossfire between the National Guard and the Cartel, critics and international organizations are alarmed by the increasing casualty rate and claim Mexico’s militarization is not only futile and not actually weakening the cartels, but is killing civilians in the process. Overall, Lopez is militarizing a civilian institution that is meant to protect civilians, not kill them.
