Vote scheduled for today postponed as ruling party fails to muster enough support in Senate
Facing an opposition that would not be swayed, the Victory Front (FpV) has suspended the vote on the Senate floor on Roberto Carlés’ nomination to the Supreme Court that was intended for today.
Nonetheless, contrary to speculation, the nomination has for now not been withdrawn and remains available for a vote in the future should the government decide to go forward.
Sources have indicated that the fate of Carlés’ nomination depends not only on opposition senators but also is subject to any eventual plans to modify the structure of the Supreme Court.
Cabinet Chief Aníbal Fernández dismissed that there were any plans afoot to enlarge the Supreme Court on Monday, the Justice Ministry is understood to have bills to that effect on standby should the Executive branch require them.
Although the nomination remains active, it is not evident how the FpV will be able to reverse the public positions taken by the Radical (UCR), Federal Peronist, PRO and Broad Progressive Front (FAP) against Carlés.
Carlés’ nomination received committee approval two weeks ago but in the interim the FpV has not been able to round up the support of any opposition senators in order for his confirmation as a justice. By law, confirmation requires a supermajority of two-thirds of senators present at the time of the vote and the FpV and its traditional allies typically muster around 38 votes in the 72-seat chamber, 10 short of the supermajority.
The possibility that opposition senators would skip the session and thus increase the chances that the nomination could go through crumbled in the last few days as crucial Federal Peronist bloc ratified their decision to vote against the 33-year-old jurist.
Sources close to the nominee also indicated that last-minute efforts by Argentine Ambassador to the Holy See Eduardo Valdés with opposition senators had not been successful. Valdés was said to be in the country trying to break opposition senators’ resistance.
In the meantime, the country’s highest tribunal will continue to operate with four justices instead of the ideal five as established by law. Opposition leaders want to perpetuate this situation until the next government as they have remained steadfast in its decision to not accept any candidates proposed by the current administration.
A three-month process
As required by law, following former Supreme Court justice Eugenio Zaffaroni’s resignation on December 31, the Executive Branch put forward Carlés, and the nomination made it through the normal institutional channels that all Supreme Court candidates must meet. Should there be a new nomination, the process will take at least three months as there are fixed periods for citizens to present their support or rejection of nominees.
Carlés’ nomination to the court was supported by Pope Francis, Kirchnerite sources have confirmed. Carlés has recognized his personal relationship with Pope Francis and recently visited the pope in the run-up to the public hearing in the Senate where he took questions from senators.
Carlés withstood a nearly six-hour round of questions about his academic and professional credentials, political affiliations and opinion on the jurisprudence of the country’s highest court in a Senate hearing with an endorsement signed only by the members of the FpV. Tellingly, Senator Lucila Crexell of the Neuquén Popular Movement (MPN in Spanish) did not endorse Carlés. Crexell typically votes with the FpV.
Even though the opposition has been quick to tie Carlés to President Cristina Fernández de Kirchner’s administration, he is not seen at the Pink House as their “own candidate” but they expected the Holy See would help gather the necessary votes. However, so far, the pope has been unable to turn the tables in favour of the criminal law expert who coordinated the drafting commission to overhaul the 1921 Penal Code
Massa makes an appearance
Faithful to his public rejection of Carlés’ nomination Renewal Front (FR) leader Sergio Massa, who does not have formal representation in the Senate, yesterday submitted to opposition representatives what was believed to be at least 1.25 million signatures collected against the nomination.
Massa has resisted Carlés nomination, considering him to be soft on crime. The pair also dueled when Massa loudly protested the first draft of the reform to the Penal Code. The FR presidential candidate nonetheless tried to deny his decision to actively campaign against Carlés was politically motivated. “We have an institutional interest. This isn’t the moment to see how we can benefit from this,” the FR lawmaker said.
Instead of the vote on Carlés nomination, the Senate will instead vote on a bill submitted by the Executive to nationalize the administration of the country’s freight and passenger railway infrastructure.
Herald staff
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