What’s next for Edmundo Jacobo at INE after getting a permanent suspension against Plan B

Edmond Jacobo Molina obtained the final suspension against the Electoral Plan B, in particular to the reform which dictated his dismissal Executive Secretary of the National Electoral Institute (INE), since a federal judge considered that only this autonomous body has the power to appoint or dismiss its executive secretary.

Therefore the Twelfth District Judge in Administrative Matters, Blanca Lobo Domínguezdecided to grant the final suspension to Edmundo Jacobo Molina, who was removed from office on March 2 with the publication of the electoral reform in the Official Journal of the Federation (DOF).

Despite the fact that the President of the Republic, Andres Manuel Lopez Obrador, criticized the provisional suspension which license “Porfirito” (nickname that designated Edmundo Jacobo Molina) returning to her position within the electorate, the federal judge considered that certain articles of the electoral reform tended towards unconstitutionality.

The judge considered that there were elements to consider the unconstitutionality of the transitory article 17, which as of its promulgation ordered the dismissal of Jacobo Molina of the structure of the INE.

“The final suspension is granted, so that the complaining party continues in the position it occupies as the holder of the Executive Secretariat of the National Electoral Institute. As well as for the responsible authorities to refrain from dismissing him or removing him from office due to the publication of the disputed norm. It being understood that the granting of the measure only affects his permanence in office, and not the way in which he must exercise his functions. Since it is necessary for that to respect the current legal framework ”, pleaded the federal judge.

It should be noted that this suspension will be in effect until the amparo promoted by Edmundo Jacobo against the transitional article forming part of the decree published on March 2 is resolved.

“In the event that the complainant has been removed from office, the precautionary measure will be an early guardianship. That is to say, it will have the effect of temporarily restoring to him the enjoyment of his rights and prerogatives inherent in his function, as well as continuing to exercise his functions as INE Executive Secretary“, explained the judge.

This Friday, March 10, President López Obrador joked about the challenge of the executive secretary of the INE against the transitional article 17 of the electoral reform approved by Morena in Congress.

“What’s the name? Jacobo, who already got an amparo, yes, he already got an amparo, ‘Porfirito’ will continue there. How not to protect it, if the judges, the magistrates, the ministers, of the Judiciary are part of the same conservative bloc, with honorable exceptions? And how are they not going to protect them, if they are also protected to continue to receive very high salaries? It is a network of compromises and complicity,” reproached the President of the Republic, who presented plan B after his constitutional reform in electoral matters was not approved.

Regarding the legal arguments presented by the federal judge, she retained:

“From a provisional and superficial analysis of the claimed norm, the reasons that point to its unconstitutionality can be appreciated at first sight. Well the supreme court of justice ruled that privative laws are prohibited by the article 13 of the Constitution. These are the laws addressed to persons designated by name, which meet subjective criteria and which lose their validity after being applied to the case foreseen and determined in advance”, explained Blanca Lobo Domínguez.

In this way, the amparo filed by Edmundo Jacobo has not been resolved in substance, meanwhile the judge considered that until the final decision arrives, the plaintiff could be affected in his rights.