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Court Rejects Judge Irurzun’s Bid to Suspend Argentina’s 75‑Year Judicial Cap

The ruling hands control of his likely July 18 vacancy to the president and the Senate by upholding the constitutional appointment process.

Overview

  • A federal contentious‑administrative court judge rejected Irurzun’s precautionary injunction on June 26, saying the claim conflicts with the Supreme Court’s 2017 Schiffrin precedent.
  • Judge Enrique Alonso Regueira found Irurzun did not show new legal grounds to suspend the constitutional clause that requires a new Senate‑backed appointment after age 75.
  • Irurzun argued the 1994 Constituent Assembly exceeded its powers and questioned Justice Horacio Rosatti’s role in related precedent, but the first‑instance court called those points insufficiently novel.
  • The national government formally opposed the precautionary relief, leaving open the likelihood that no renomination 'pliego' will be sent to the Senate and that a public concurso and provisional subrogates would fill the seat.
  • Irurzun plans to appeal to the Cámara Contencioso Administrativo Federal and may seek review at the Supreme Court while the outcome could reshape the Cámara Federal’s balance given other contested seats and the chamber’s high‑profile docket.