Argentina: Milei Decree for Supreme Court shakes institutions and fierce crisis

Argentina’s president, Javier Milei, appointed two judges to the country’s Supreme Court on Tuesday (25), which opens a new crisis for his government, already shaken by the $ Libra cryptocurrency scandal. The appointment occurred during the congressional recess. The measure is controversial because the Argentine Constitution states that new judges of the Supreme Court must be approved by the Senate, as it occurs in Brazil.

Milei used Decree 137/2025 to appoint Manuel García Mansilla and Ariel Lijo to the Supreme Court, alleging “urgency” due to the two vacancies not filled since 2023. The justification invoked Article 99 of the Constitution, which allows temporary appointments during the legislature.

García Mansilla, linked to Opus Dei and critic of reproductive rights, was sworn in in a confidential ceremony, while Lijo awaits analysis of the license request. Parliamentarians and authorities questioned the suitability of federal judge Lijo, who was accused of conspiracy, money laundering and illicit enrichment. Lijo is criticized for not carrying 13 corruption processes, many involving high -ranking politicians.

The opposition denounces the play as a “institutional blow”, since the Senate, controlled by parties contrary to Milei, had been blocking the nominations. Even Milei’s allies, such as former President Mauricio Macri, criticized Milei’s decree. The president has been the target of attacks for supporting fraudulent investment in $ pounds, which caused damage to 40,000 people.

From Peronism to UCR, criticism unites rivals
The union by the homeland (UXP), the largest Senate block, classified the decree as “authoritarian aberration” and promised to reject the nominations. “Malei is not a king. He wants to impose judges to guarantee impunity in cases such as Cryptocurrency $ Libra, ”said Senator Juliana Di Tullio. Even government allies, such as UCR and Pro, repudiated the measure. Radical Guadalupe Tagliaferri warned of “legal uncertainty,” while Mauricio Macri’s Pro issued a tepid grade criticizing the “lack of consensus.”

To overthrow the nominations, UXP needs 37 senators. With 34 members, it depends on 3 votes from smaller parties. The strategy, however, is fragile: if the government removes the nominations, the Senate is without voting object. In addition, rejection may not immediately annul the nominations, leaving the judges in office until the end of the temporary term.

Macri vs. Milei: The Cold War in the Pro and the midnight tweet
Former President Mauricio Macri tried to unite pro against Milei, but bumped into internal resistance. In a tense meeting, allies such as Mayor Guillermo Montenegro (former judge and friend of Lijo) rejected a critical statement. Macri, frustrated, tweeted midnight: “The appointment by decree impairs confidence in court.” The gesture, however, exposed cracks: part of the Pro, including Governor Ignacio Torres, prefers to negotiate with Milei to avoid electoral isolation.

Macri also reacted to complaints that he sabotaged the bidding of the Paraná-Paraguay Waterway, made by Milei’s advisor. “It’s retaliation of Santiago Caputo [principal estrategista do presidente]”He fired. The episode hinders alliances between Pro and La Libertad Avanza (LLA) in the 2025 elections.

Supreme cut “anti -mild”: what is at stake
With García Mansilla, the court becomes most aligned with conservative agendas:

• Abortion: The new judge has already spoken out against legalization in 2018.
• Environment: Silence about climate change, theme denied by Milei.
• Sensitive cases: In March, the Court will revise Cristina Kirchner’s conviction in the Vialidad case, which may ignite the political scenario.

Analysts see the maneuver as an attempt to:

1. Control the judiciary to lock investigations against allies and advance unpopular reforms.
2. Mobilize the base With a narrative of “fighting old policy”, useful in the election year.
3. Create smoke curtain to divert attention from the economic crisis and scandals.

Risky bet: between authoritarian consolidation and the risk of impeachment
Despite the support of media sectors and the financial market, the crisis raised the tone of institutional conflict. UXP Senators evaluate asking Milei’s impeachment for “violation of the Constitution”, but there is a lack of support from 2/3 of the house. Meanwhile, the president continues to challenge Congress: “If they want war, they will have war,” he threatened on social network.

Lijo’s inauguration, scheduled for March 6, promises to intensify. If confirmed, the Court will have 5 members (all men), deepening polarization in a country where 62% distrust the judiciary. As sociologist Andrés Malamud compared, “Milei plays chess with domino pieces: overthrows institutions, but can crumble with them.”