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Argentina’s Senate Rejects Milei’s Supreme Court Nominees
BUENOS AIRES, Argentina – In a significant setback for President Javier Milei, the Argentine Senate on Thursday voted against his two Supreme Court justice nominees. Milei had appointed the candidates earlier in the year through presidential decree, a move that has now been overturned by the legislative body.
Congressional Defeat Stymies Milei’s Reform Agenda
This congressional rejection could potentially complicate President Milei’s ambitious plans to radically overhaul the Argentine state. Analysts suggest that Milei aimed to fill the Supreme Court vacancies with justices likely to support his economic reforms in the face of legal challenges. The Senate’s decision represents a notable obstacle to these plans.
Controversial Nominations via Decree
President Milei initially bypassed Congress in February to nominate two individuals for the Supreme Court. He invoked a constitutional clause, asserting it granted him the authority to fill vacant positions during the legislative recess. This action immediately drew sharp criticism from political figures across the spectrum.
Accusations of Executive Overreach
Lawmakers across the political spectrum swiftly condemned Milei’s tactic as an overreach of presidential power. Critics argued that the executive branch possesses very limited power to make judicial selections while Congress is in recess.
Senator Anabel Fernández Sagasti, representing the Unión por la Patria party, a strong opposition faction, characterized the situation as “a serious institutional conflict initiated by the executive branch against the legislative and judicial branches.” She further described the nomination process as “an institutional assault.”
Candidates Faced Prior Senate Opposition
Both of Milei’s appointees, federal judge Ariel Lijo and conservative legal scholar Manuel García-Mansilla, had previously failed to garner the necessary two-thirds majority for confirmation in the Senate. The President’s libertarian coalition holds a minority in the Senate, with only seven out of 72 seats.
Testing the Limits of Executive Power
President Milei’s resort to presidential decree to fill the two vacancies on the five-member Supreme Court is seen as a strategy to test the boundaries of his executive authority. He has frequently employed this approach over the past year to circumvent his minority position in Congress.
Controversy Surrounds Nominees
The nominations have ignited intense debate throughout the political landscape. Ariel Lijo has faced censure from anti-corruption organizations and opposition from centralist political parties. These groups have raised concerns about alleged money laundering, abuse of judicial power, and the stagnation of corruption cases within his federal court jurisdiction. Lijo has refuted these accusations.
During the Senate debate, which spanned several hours, centrist legislator Luis Juez alluded to Lijo with the name of a well-known Argentine hypnotist, stating, “I refer to him as such because he will lull your judicial case to sleep if it benefits political powers.”
Manuel García-Mansilla encountered resistance from the left-leaning Peronist opposition movement, which constitutes 45% of the Senate. This opposition stemmed from his conservative positions on social matters such as abortion rights.
Milei Defends His Choices
President Milei has staunchly defended his candidates as deserving of positions on the nation’s highest court. He has accused lawmakers of unfairly politicizing the nomination proceedings.
President’s Office Condemns Senate Vote
In a statement released late Thursday, Milei’s office expressed “repudiation” of the Senate’s vote.
The statement asserted that “the Senate has rejected nominations proposed by the president for purely political motives and not due to concerns about their suitability.” It further contended that leaving the two Supreme Court seats vacant constituted an effort to obstruct justice.
The presidential office affirmed Milei’s intention to “restore public confidence in institutions utilizing all tools that the constitution and popular vote have entrusted to him.”
Reactions to Senate Decision
Conversely, others welcomed the Senate’s decision, viewing it as an indication of Argentina’s democratic system functioning effectively.
Juan Pappier, deputy director for the Americas at Human Rights Watch, commented, “Today, the Argentine Senate halted one of the most severe assaults on judicial independence since the nation’s return to democracy.” He added, “President Milei risked undermining some of the fundamental checks and balances within Argentina’s democratic framework.”