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Supreme Court Rejects Government Bid To Remove Judges in University Funding Case

The ruling preserves the same magistrates on the file, leaving the court to decide whether the executive can lawfully condition Congress's university funding.

Overview

  • The Supreme Court on June 4 rejected the national government's request to recuse lower-court judges and to have Supreme ministers excuse themselves, keeping the original panel on the case.
  • The government had argued judges were conflicted because they teach at public universities, but the Court said teaching alone does not prove a direct personal interest that requires removal.
  • The decision addressed only the procedural challenge over recusations and excusations and did not rule on the law's application or the decree's constitutionality.
  • The dispute began with a collective amparo by the Consejo Interuniversitario Nacional and 49 national universities against decree 759/2025, which tied execution of Law 27.795 to specific budget lines and halted transfers for salaries, scholarships and operations.
  • Practical effects continue: a December 2025 cautelar ordered application of core articles of the law but the Cámara granted the government's recurso extraordinario with suspensive effect, and universities have announced strikes and public actions while the Supreme prepares to rule on the merits.