The Senate's soft coup: how the caste got rid of an independent judge

Meanwhile, Argentina is undergoing one of the deepest transformations in its recent history, with a President who came to power to sweep away the privileges of the political caste, the Senate of the Nation—a refuge for political dinosaurs, recycled operatives, and judicial operators—has just carried out a soft coup against the boldest attempt to reform the Supreme Court in decades. The victim: the jurist Manuel García-Mansilla, a man of integrity, an impeccable constitutionalist, and above all, incorruptible.

Javier Milei, in a high-stakes political and legal move, appointed him on February 25 as a Supreme Court minister through decree 197/2025, based on Article 99, Section 4 of the National Constitution, which states that the President "appoints the judges of the Supreme Court with the Senate's agreement."

The procedure, as usual, doesn't imply that the Senate must anticipate the proposal, but rather that it must then endorse or reject the proposed candidate. And that is exactly what Milei did: he proposed a name, he imposed nothing.

The reaction was swift. The judicial operators disguised as senators seized the opportunity to turn a constitutional act into a political scandal. They spoke of "unconstitutionality," "authoritarianism," and even "republican overreach," as if proposing a candidate were heresy.

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The same political class that for decades looked the other way when governments of their sign slipped judges through the back door, today tears their garments because a libertarian dared to touch the rotten threads of judicial power.

On April 4, in a vote full of cynicism, the Senate rejected his appointment with 51 votes against. They did so without solid legal arguments, only with the fear that an independent judge—not negotiated, not sponsored, not conditioned—would reach the Court and begin to sweep away the cobwebs of impunity that sustain the real power structure in Argentina.

García-Mansilla, true to his principles and professional dignity, submitted his irrevocable resignation on April 7. In his letter addressed to President Milei, he made it clear that he was not willing to submit to a system that punishes merit and rewards obsequiousness. He accused the Senate of deliberately obstructing the functioning of the Court by refusing to fill vacancies with competent judges, and of playing political speculation with Justice.

Who is afraid of an independent judge?

The answer is simple: the caste. They did not block García-Mansilla from Milei due to a lack of competence (which would be absurd, given that he is one of the most recognized constitutionalists in the country), but because he was not functional to the system of perks and complicities that reigns in the Courts.

A judge who doesn't answer to any bloc, who owes no favors, who doesn't dine with senators or make deals with governors, is a threat to the "balance" of impunity that has been built between politics, the judiciary, and certain media outlets.

Those who accuse the president of acting "outside the Constitution" forget that Article 99, Section 19 also allows him to fill provisional vacancies in the various branches of the State "during the Senate's recess" or in cases of necessity and urgency.

Moreover, Decree 222/2003—issued by the Kirchnerism—established a transparent mechanism for the nomination of judges, which Milei scrupulously respected: publication of the name, period for objections, review of background, and formal proposal to the Senate. Everything was done according to the rules.

The problem is another: Milei did not negotiate with those who live off negotiation. He did not go to Pichetto's office, nor did he ask Cristina for permission, nor did he hand over ministries in exchange for votes. He proposed a judge out of conviction, not calculation. And that, for the caste, is unforgivable.

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The Supreme Court: bastion of privileges and tailored rulings

The rejection of García-Mansilla is just the tip of the iceberg. What is at stake is much deeper: it is the control of the Judiciary at a time when the political class is more vulnerable than ever. With open judicial cases, with unsolved corruption scandals, with dark pacts buried in the archives of Comodoro Py, the Supreme Court is the last containment dam for those who do not want to be held accountable.

Today the Court operates with three active members, when the Constitution establishes that it must have five. That anomaly, tolerated by all governments for years, allows certain judges to have an almost absolute veto power. Two votes are enough to decide the fate of cases that affect millions of Argentines. Who decides then? The representatives of the people or two men in a closed room?

García-Mansilla came to break that logic. With his incorporation, the Court could have returned to issuing rulings with diverse majorities, with doctrinal discussion, with republican legitimacy. But no: they preferred to maintain the status quo, with a diminished, manipulable, and comfortable Court for all.

Milei doesn't give up: the battle for a Justice without operators remains alive

The President has already made it clear: his commitment to the Republic is non-negotiable. The appointment of García-Mansilla was a first attempt to restore dignity and seriousness to the Supreme Court. It was a message to the honest judges who still resist in the system, to the citizens who demand Justice without militancy, and to the caste that still believes it can run the country from the shadows.

That the Senate rejected the best candidate doesn't mean that Milei has been defeated. Quite the opposite: it became clear who is who. It became clear who defends privileges and who represents change. It became clear that there is a President who did not come to be functional, but to break the chains of the impunity pact.

The resignation of García-Mansilla is not a defeat, it is a warning. There is still time to repair the Republic, but it will not be with the same as always. It will be with courage, with truth, and with conviction. Milei has already chosen that path. And millions of Argentines accompany him.