Javier Milei's Supreme Court Nominees Facing Likely Rejection in Senate

President Javier Milei is facing a significant political challenge as the Argentine Senate prepares to debate the nominations of Ariel Lijo and Manuel García-Mansilla for positions on the Supreme Court. According to ámbito.com, the session, scheduled for this afternoon, could result in a double defeat for the ruling La Libertad Avanza party. The debate is being closely watched, especially given Milei's absence from the country; he is currently in the United States seeking support and potentially a photo opportunity with Donald Trump.

Opposition Gathers Strength

The opposition, led by Unión por la Patria (UP), appears to have secured the necessary quorum to proceed with the session and is reportedly confident in rejecting both nominations. "They have the 34 votes," sources from UP stated, as reported by ámbito.com. The bloc held meetings to solidify their strategy. While the newly formed Convicción Federal bloc, aligned with UP but seeking distance from Cristina Kirchner, might experience some defections, UP is expected to gather sufficient support from other factions to meet the quorum requirement of 37 senators.

Key figures like Guadalupe Tagliaferri (Frente PRO) and Martín Lousteau (UCR), co-authors of a dissenting opinion against García-Mansilla, are expected to be present. Additionally, Pablo Blanco (UCR), Francisco Paoltroni, and Alejandra Vigo are planning to attend and vote against the nominations. ámbito.com notes that even PRO, amidst internal conflicts with LLA, has indicated its intention to participate in the session, further complicating the government's position.

García-Mansilla's Fraught Nomination

The nomination of Manuel García-Mansilla is particularly precarious. Approval requires a two-thirds majority, meaning opposition from 25 senators would be enough to derail the nomination. García-Mansilla's candidacy has faced criticism due to his conservative stances, including opposition to abortion legalization. His acceptance of an initial appointment by decree, despite prior assurances against such appointments, has further fueled opposition, according to Déborah de Urieta (2024) from ámbito.com.

The rejection of García-Mansilla's nomination could lead to legal challenges. There are conflicting interpretations regarding his status, given he already swore in before the existing justices, for those in support of his nomination is already member of the Supreme Court until November 30, the expiration date of his commission appointment (Urieta, 2024). Some legal scholars, along with the government and García-Mansilla himself, argue that his swearing-in already makes him a member of the Supreme Court until November 30, requiring impeachment for removal. However, Tagliaferri and others contend that Senate rejection would automatically disqualify him. This dispute could ultimately be resolved by the Supreme Court itself.

Lijo's Uncertain Path

While García-Mansilla's rejection seemed almost certain, Ariel Lijo's nomination initially faced a more uncertain fate. Lijo's name reportedly caused divisions within UP. However, recent developments suggest increasing opposition to his nomination as well. Many Peronist senators joined the rejection after Lijo agreed to take the post (although later refused it) by decree. Vigo and at least part of the Frente PRO are also expected to oppose him. Even Mauricio Macri publicly rejected his nomination.

Paoltroni's vocal opposition to Lijo, stemming from concerns about the candidate's past actions that benefited Gildo Insfrán, the governor of his province, led to his expulsion from the libertarian bloc. Vischi, president of UCR, also is planning to reject both pliegos after an internal reunion. Only Lousteau, Blanco and Losada would be not in favor of a rejection. Unless a last-minute intervention by the government occurs, President Milei is bracing for a double defeat in the Senate.

This political setback comes as Milei is seeking closer ties with the United States and navigating complex negotiations with the International Monetary Fund (IMF), according to ámbito.com (Urieta, 2024). The outcome of these Senate debates will undoubtedly shape the political landscape in Argentina and test the strength of Milei's administration.

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