MercoPress. South Atlantic News Agency

García-Mansilla resigns from Argentine Supreme Court after 39 days

García-Mansilla was the victim of his own words after speaking in 2015 against Supreme Court appointments without the Senate's nod

Law Professor Manuel García-Mansilla resigned from Argentina’s Supreme Court of Justice on Monday after just 39 days on his bench, following the Senate’s rejection of his nomination (51 against, 20 in favor), in addition to a controversial ruling from a lower court barring him from signing resolutions.

García-Mansilla was appointed alongside Ariel Lijo through a presidential decree for the duration of the current Legislature on Feb. 25, 2025, while the Senate assessed both their nominations, which were in the end rejected. Lijo was never sworn in because he was denied unpaid leave as the magistrate in charge of Buenos Aires Federal Court # 4, to which he wisely not to resign.

In this scenario, President Javier Milei will not risk another political faux pas and, therefore, leave the country's highest court two justices short. In case of disagreements, there is a mechanism of “co-justices” that can be activated every time a decision needs unlocking or whenever one of the three sitting justices -Horacio Rosatti, Carlos Rosenkrantz, and Ricardo Lorenzetti- is unable to cast his vote.

In his resignation letter to Milei, García-Mansilla expressed frustration over the Senate’s delay and the judiciary’s dysfunction, arguing that his continued presence would hinder rather than help resolve the Court’s integration crisis. In his 39-day stint, García Mansilla signed 214 rulings.

“Perhaps this episode and this resignation will serve as a warning so that they realize once and for all that the integration of the Supreme Court, and of the entire federal Judicial Branch, is urgent and that the pettiness that seems to have prevailed for a long time must be left aside”, and called to “avoid the notorious delays that occurred in the Senate in the treatment of the nominees sent by the Executive Branch,” the law scholar argued.

“The political powers have an unavoidable institutional responsibility. The Argentine Republic needs a strong and independent Judiciary and not one that is functional to its current interests, whether political or personal. Our country must be above everything and everyone,” he added.

“One of the vacancies existing at that date was already more than three years old. It is frankly surprising that, despite the importance of each judge in such a small court, the existence of an unfilled vacancy for such a long period of time had been naturalized,” he also pointed out.

The truth being said, García Mansilla drew the Senate's thumbs down on himself for having said that he would never agree to hold a position on the Supreme Court without the Upper House's consent. So, although his appointment by decree was legal, the value of his word went down the drain the minute he said “I do” in February, reasonably raising doubts as to his moral ability to hold such an office.

García Mansilla had spoken in 2015 against then-President Mauricio Macri's appointment by decree of Rosenkrantz and Rosatti, which were put on hold pending the Senate's eventual nod.

Milei's Libertarian administration said the Senate's negative vote on April 3 was a political attack on judicial independence.

In addition to his prolific signing spree, García Mansilla attended the Legislature's inauguration on March 1 and had his office in the main Courthouse painted and redecorated, according to Buenos Aires media.