Alfredo Gutiérrez Ortiz Mena

Born in Cuernavaca, Morelos, Justice Gutiérrez Ortiz Mena earned his law degree at the National Autonomous University of Mexico (UNAM) and his graduate degree, LL.M. and International Tax Certificate from Harvard University. He is a Fulbright scholar. He is a member of the Mexican Bar and the New York Bar.

Between 1995 and 2012 Justice Gutiérrez Ortiz Mena worked for different international law firms. Afterwards, he served in the Ministry of Finance and was appointed by the President of Mexico as Commissioner of the Internal Revenue and Customs Services from 2008 to 2012. In November 2012, he was nominated by the President of Mexico to fill a vacancy on the Supreme Court of Mexico. His appointment was approved by a vote of 92 percent of the members of the Mexican Senate.[1] He was sworn in on December 1, 2012, and he will serve for a period of fifteen years.

In his opinions and dissents, Justice Gutiérrez Ortiz Mena has recurrently explained why his approach to law is guided by the notion that the Constitution should be read and interpreted in accordance with international human rights law.[2] His legal reasoning often relies on the language of principles that would seem associated with liberal values.[3] He has subscribed the idea that rules limiting the scope of human rights provisions should be interpreted in the most restrictive way possible.[4]

Justice Gutiérrez Ortiz Mena has consistently argued in favor of analyzing cases through a “gender lens”.[5] His thinking on equality and discrimination has led him to vote in favor of striking down statutory rules that, in his view, would likely reinforce stereotypes. According to one of his opinions, in any decision making process, judges should follow certain analytical steps in order to maintain awareness of the structural inequalities that may be at play.[6] He has also voted in favor of understanding that the Constitution does not discriminate on the basis of sexual orientation.[7]

He wrote the opinion by which the Court held that health institutions should unfailingly guarantee women´s right to access an abortion whenever their health is at risk.[8]

He is perceived to side with a progressive majority on issues related to disability rights. He wrote the opinion that led the Supreme Court to declare that the process of interdiction is unconstitutional.[9]

He has favored the interpreting role of the court in cases involving claims of arbitrary detentions, torture, coerced confessions, and abuse of force by police, among others.[10] In some of his opinions, he has dealt with issues like the standard of adequate representations at trail,[11] the right to confront witnesses,[12] and suggestive eyewitness identification procedures.

On federalism, Justice Gutiérrez Ortiz Mena has issued opinions and dissents expressing belief in the importance of granting meaningful leeway to State authorities.[13]

In matters of administrative law, he has shown willingness to afford deference to the statutory interpretation proposed by administrative agencies.[14] Along with others Justices, Alfredo Gutiérrez Ortiz Mena has argued that the Mexican Supreme Court should use a more discretionary method to select the cases it hears. His position favors the courts ability to use its judicial discretion to set the agenda of constitutional interpretation.[15]