On September 8, 2023, the Second Chamber of the Mexican Supreme Court of Justice (“SCJN”) set September 27, 2023, as the date to discuss the draft ruling of the appeal number 106/2023 whereby the federal government is challenging a first-instance amparo ruling that declared several amendments to the Power Industry Law published in the Federal Official Gazette on March 9, 2021 (“LIE Reform”) unconstitutional.
The unconstitutionality action 64/2021 brought by members the Senate failed to reach a qualified majority of Justices to invalidate several provisions of the LIE Reform in the hearing held on April 7, 2022. Therefore, the Second Chamber’s decision becomes especially relevant, given that a simple majority of Justices would suffice to declare the LIE Reform unconstitutional for the plaintiffs.
