The Supreme Court of Justice rejected the extraordinary leave request submitted by federal judge Ariel Lijo to assume a position in the highest court. Lijo had requested to leave his position in the federal court number 4, but judges Horacio Rosatti, Carlos Rosenkrantz, and Manuel García-Mansilla, the latter designated "in commission" by President Javier Milei alongside Lijo, rejected his request.
The appointment of Lijo and García-Mansilla has generated various discussions, especially after a controversial interpretation of subsection 19 of article 99 of the Constitution, which allows the president to fill "vacancies in the positions" during the Senate recess. Yesterday, several civil society organizations filed a lawsuit seeking the annulment of these appointments.
The government’s position is that García-Mansilla is guaranteed the position until the end of the year and can only be removed through a political trial at that time. The decision to reject Lijo's leave was made by majority vote, with Rosatti, Rosenkrantz, and García-Mansilla dissenting.
In the current situation, Lijo will remain in his position in the Comodoro Py courts awaiting the Senate's decision on his eventual permanent appointment to the Court. It has been reported that Lijo is unwilling to resign from his current position to take a seat in the supreme court temporarily, as he risks losing both positions at the end of the process.
