By the back door


Francisco Garfias.

A core part of the Electricity Reform has already been introduced by the federal government through the back door: It used the path of the Supreme Court of Justice to achieve its purposes.

With the help of four ministers, including Arturo Zaldívar, president of the highest court, he prevented the famous Bartlett Law from being declared unconstitutional, which gives priority to the CFE over private companies in the dispatch of electricity.

In other words, the power plants of the CFE they will be the first to distribute electricity, regardless of whether it is more expensive or dirtier than that generated by the private sector (wind, solar, geothermal…)

To achieve his goals, President López Obrador also had the services of ministers Alfredo Gutiérrez Ortiz Mena, Yasmín Esquivel and speaker Loretta Ortiz.

It is necessary to clarify that the majority of the ministers (seven) voted for its unconstitutionality.

They agreed that the Bartlett Law violates the principle of free competition, affects the human right to a clean environment, and violates international treaties. But again they lacked a vote to annul it.


The action of unconstitutionality was rejected one day after the Secretary of the Interior, Adán Augusto López Hernández, made a dirty visit to the SCJN.

It is valid to suspect that the vote in the highest court is a reflection of the talk he held in La Corte, before the Tabasco official got on the subway to attract attention. There was no official information about that visit.

AMLO’s victory was not total. It is true that the pressure on the ministers – whom he called “employers’ lawyers” the day before – managed to prevent the action of unconstitutionality, but the four-theists in the SCJN never achieved a majority of six votes so that the lawsuits against the LIE were dismissed.

The courts or tribunals that carry the amparos will have the freedom to adhere or not to the criteria established by the Court.


Experts anticipate that the result in the SCJN prolongs legal uncertainty, discourages investment in the industry, displaces clean energy and puts the development of the electricity industry at risk.

Already the United States ambassador in Mexico, Ken Salazar, made a statement in which he expresses his concern about what happened in court with the Electricity Industry Law.

“It will probably open the door to endless litigation, generating uncertainty and obstructing investment,” he predicted in a text that the embassy posted on social networks.


Damián Zepeda, PAN senator, highlighted an aspect that is rarely commented on, but which is not minor:

“Yesterday’s vote (in the Court) gave the government the key to block any action of unconstitutionality. Sometimes with one combination (of ministers) and sometimes with another.”

He noted that the opposition is also responsible for what happened: it could have prevented the appointment of related ministers.

“It was evident that Loretta, being a former deputy of theirs, would be related. She told them and they gave her the vows. That they do not come now to cut their veins, ”Damián pointed out.

Since we are. The plenary session of the Chamber of Deputies will debate the controversial Energy Reform, which would ensure the CFE 54 percent of the electricity market and would nationalize lithium, in the middle of Holy Week.

The parliamentary coordinators agreed, at a Jucopo meeting, to take it to committees next Monday and lower it to the plenary session on Tuesday. Everything indicates that, as it is, it will be discarded.

It is a constitutional reform. Even with its hindrances, Morena does not reach the qualified majority -two thirds of the legislators present- that is required for its approval.


The bear of the day went to Marcelo Ebrard. Very plump, he announced in the morning that Qatar Airways wants to fly to Felipe Angeles International Airport. “This week we will begin negotiations,” the foreign minister presumed.

The denial was not long in coming. “We can confirm that Qatar Airways It has no plans to start operations from the Felipe Ángeles International Airport in Mexico,” a spokesperson for the airline told Reuters.

And joy, to the well.


It is a good one for the families of the victims who have lost their lives or have been left with lifelong injuries in accidents caused by the so-called “Double Trailer.”

The parliamentary coordinators gathered in the Political Coordination Board, a governing body in the Chamber of Deputies, yesterday agreed to take to the plenary session, this April, the bill that prohibits the circulation of these vehicles.

The initiative is promoted by groups made up of relatives of the victims and will be presented by PRI deputies Rubén Moreira, current president of Jucopo, and Lorena Piñón.


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