Argentina’s Milei sparks row after appointing Supreme Court judges by decree

Argentina’s President Javier Milei appointed two Supreme Court judges by decree on Tuesday, bypassing the Senate during its recess — a move widely condemned as an abuse of executive authority.

Milei’s office defended the appointments, arguing that filling the two vacancies on the five-member panel was essential for the court to function properly. 

The Supreme Court "cannot carry out its normal role with only three justices," the government said in a statement.

Milei had nominated Ariel Lijo, a federal judge, and lawyer Manuel García-Mansilla last year but struggled to gain Senate approval, as his libertarian coalition holds only seven of the chamber’s 72 seats. The Senate also did not formally reject the candidates. 

On Tuesday, the presidential office stated that “the Senate chose to remain silent,” despite the fact that “the suitability of the candidates for the position was demonstrated.” 

Controversy over Lijo's nomination

The appointment of Lijo, in particular, has sparked backlash. The federal judge has faced allegations of conspiracy, money laundering and illicit enrichment, as well as multiple ethics violations.

His nomination surprised Milei’s supporters, given that the president campaigned as an anti-establishment outsider vowing to dismantle Argentina’s political elite.

Human Rights Watch NGO condemned the move as "one of the most serious attacks against the independence of the Supreme Court in Argentina since the return of democracy."

“President Milei cannot pretend to evade institutional mechanisms simply because he has not obtained the necessary votes in the Senate to appoint his candidates,” said Juanita Goebertus, Americas director at the New York-based rights organisation.

The appointments, issued just days before Congress returns from recess, are temporary, with Lijo and García-Mansilla set to serve until 30 November, when their nominations must go before the Senate.

Despite this, critics argue Milei’s move is an attempt to fill the judiciary with loyalists. Legal experts warn that a president’s power to appoint judges during a congressional recess is limited.

"The decrees are for restrictive use and cannot be used as a mere alternative to the regular procedures provided for by the constitution," said constitutional lawyer Andrés Gil Domínguez.

He added that when such decrees are applied beyond their intended scope, “the constitutional order and the rights of the people are in serious danger."