In a movement that promises to generate controversy, President Javier Milei decided to designate through a commission decree to Ariel food y Manuel García Mansilla as new judges of the Supreme Court of Justice of the Nation.
These appointments are given after the stagnation of efforts to obtain the necessary support in the Senate and is presented by the ruling as a measure to “normalize” the operation of the court, which It currently operates with only three ministers.
Both judges will occupy their positions for a year, the timely limit for a commission appointment. Mauricio Macri had used the same tool in 2016 to name Horacio Rosatti and Carlos Rosenkrantz, which aroused great criticisms at the time. Finally, those judges assumed with the endorsement of the two thirds of the Senate.
Javier Milei’s current decision using almost “monarch” powers adds one more condiment to a judicial power already extremely reactionary and antidemocratic, composed of judges that the population does not choose, plagued by privileges, millionaire salaries and life charges.
The appointment of García Mansilla and Lijo by decree as members of the Court is an unconstitutional act that again shows the authoritarianism of a government that works based on DNU, vetoes and purchase of votes
— Christian Castillo (@chipicastillo) February 25, 2025
It should also be noted that this decision occurs within the framework of the cryptophaf, when Javier Milei and his nearby circle are being denounced and investigated by what was a historical fraud that generated a scandal of international dimensions. Likewise, the scenario on the effectiveness of these designations and their future, as well as that of the functioning of the Supreme Court during this controversy, is uncertain.
The designation by decree of the judges of the Supreme Court, is another sample of the authoritarianism of the Milei government that wants to continue ruling by decree and intends to have an addicted court that guarantees impunity.
– Nicolas del Caño (@nicolasdelcano) February 25, 2025
The Casa Rosada reported the decision through the X’s office of the president:
– President’s office (@opragentina) February 25, 2025
The official statement based this decision in art. 99 inc. 19 of the National Constitution, which allows the Executive Branch “appointments in commission that will expire at the end of the next legislature.” In addition, he anticipates that he will continue looking for votes in Congress so that Lijo and Mansilla ensure their place permanently. Various constitutionalists are already advancing that this appointment is unconstitutional.
It remains to be seen if the block of Union for the Homeland meets the threat made by JMayan daring In January, when he said that if the government appointed them by decree, the Peronist senators would drop the specifications. This was before Three union senators for the country will sign the opinion to treat the lot of LijoLucía Corpacci (Catamarca), Sergio Uñac (San Juan) and Claudia Ledesma, wife of the governor of Santiago del Estero, Gerardo Zamora, although finally did not prosper in extraordinary sessions such as Milei’s plan.
The questions also come from more allied political references to the ruling, such as the Civic coalition, UCR And even last year Mauricio Macri He said that “I told Milei that I don’t like Lijo.” However, these political spaces have been the fundamental allies of the ruling party in Congress.
Himself President of the Supreme Court, Horacio RosattiInterviewed by Carlos Pagni last December regarding this possible decision of Milei, he replied that if there are questions “the Court has ultimately resolved.”
If the signing of the decree is completed, and the swearing before Saturday, Lijo and García-Mansilla could be with Horacio Rosatti, Carlos Rosenkrantz and Ricardo Lorenzetti, current members of the highest court, in the opening of ordinary sessions of the Congress.
Food He is known for being part of the judicial elite for decades. It has handled causes of great relevance, such as the Ciccone cause, the cause of the Argentine mail and the cause for the blasting of the AMIA. He is criticized for using judicial causes for political operations, letting these “sleep” and activating them according to the political time. In addition, together with his brother Alfredo, he has been involved in questionable businesses, such as those related to horses, which led to an investigation into the growth of his heritage in 2018, although both were dismissed.
Manuel García Mansilla He was dean of the Law School of the Universidad Austral, an institution associated with Opus Dei. García Mansilla is known for his position against legal abortion and for his defense of extractivist companies. During the debate in Congress in 2018, he expressed himself against the draft voluntary interruption bill, arguing that the right to life from conception is recognized in norms of maximum hierarchy in Argentina. In addition, he has criticized judicial failures that allow abortion in cases of rape. In the professional field, he has worked on the negotiation of hydrocarbon contracts and has been executive director of the Hydrocarbons Exploration and Production Chamber since 2014. His candidacy for the Supreme Court has been seen as a confirmation of his position against the rights of Women and diversities, as well as their support for the extractivism of natural resources.
Source: www.laizquierdadiario.com
