Milei Would Appoint the Supreme Court Judges by Decree Due to the Paralysis of Congress

Javier Milei's government is moving to appoint Ariel Lijo and Manuel García-Mansilla as new judges of the Supreme Court by decree, a decision justified by Congress's refusal to complete the appointment process.

Faced with the Senate's lack of political will to advance the appointments, the Executive opts for a constitutional route that has precedents in recent history.

Macri's precedent and legislative paralysis

Milei's decision is not unprecedented. In 2015, former President Mauricio Macri appointed Carlos Rosenkrantz and Horacio Rosatti on commission by decree, in a context where the Court also operated with three members. At that time, the lack of consensus in the Senate and the need to complete the tribunal motivated the measure, which was later validated by the Congress.

The current situation is similar. Since last May, the Executive attempted to secure the Senate's approval for the appointment of Lijo and García-Mansilla, but negotiations did not succeed. Despite the support of several Peronist governors, such as Gerardo Zamora, the lack of decisions within the Unión por la Patria bloc and the pressure from PRO sectors prevented reaching the necessary two-thirds. The opposition, led by Cristina Kirchner and Kirchnerism, showed an obstructive stance, even refusing to provide a quorum for the debate.

The need for a complete Supreme Court

The current tribunal operates with only three members, a situation that affects its functioning and that Milei seeks to solve. The Supreme Court plays a crucial role in the country's institutional stability and in guaranteeing legal security for investments and economic development.

The decree appears as the only viable solution in the face of the Senate's intransigence. Far from being an arbitrary decision, it is a mechanism provided for in the Constitution that allows for unlocking the institutional crisis caused by the opposition's refusal to fulfill its legislative duty.

The political impact and perspectives

The measure is not without controversy, but history shows that the decree is a legitimate resource when Congress blocks institutional progress. The Senate's inaction, combined with the refusal of sectors of Peronism and PRO to negotiate, left the Government with no other alternative.

In this scenario, Milei positions himself as a president who makes firm decisions in the face of Congress's paralysis. The appointment of judges by decree is not only legal but responds to the urgency of strengthening the country's institutional framework.