Summer in Argentina brought no respite for President Alberto Fernández. The World Cup excitement and the sense of a nation rallying behind the national team faded into frustration by the end of 2022. At the start of the new year, Fernández’s administration pursues a path that appears unlikely to succeed: a push to impeach the president of the Supreme Court. An alliance of Peronist factions, known as Frente de Todos, seeks to involve the judiciary more broadly, targeting the Supreme Court chair Horacio Rosatti. Fernández questions Rosatti’s fitness for high court leadership, a concern rooted in a controversial move that allowed Rosatti to join the court through a decree of former President Mauricio Macri and then cast his vote to become president of the court. Fernández argues that a Supreme Court ruling in favor of Buenos Aires City, which is locked in a funding dispute with the nation and led by the right wing opposition, sets a dangerous precedent. The impeachment claim rests on what Fernández calls unusual interpretations of case law that allow the court to interfere with congressional decisions.
The presidency appears at risk of faltering. Although Fernández initially enjoyed support from twelve of the twenty-three provincial governors, disagreements quickly surfaced. The strongest backing for Fernández’s bid comes from Buenos Aires Province, a vast economic and political stronghold steered by Axel Kicillof. The economist, closely allied with Vice President Cristina Fernández de Kirchner, contends that the Supreme Court has breached the separation of powers in a way never seen before. The opposition, rooted in the center-right, argues the executive has exacerbated the institutional crisis. A prominent lawmaker, Maximiliano Ferraro, has dismissed the Kirchnerist plan as a push for impunity. In December, the vice president was sentenced to six years imprisonment in a case she says dramatizes the use of a parallel authority behind the scenes. The question remains who actually controls the judiciary.
Together with the governors, a formal petition was filed to dismiss Rosatti for conduct that allegedly breaches the Constitution and undermines institutional duties, as outlined in the relevant constitutional article.
Alberto Fernández posted a message on social media to accompany the petition and to signal a broader constitutional debate taking shape in the capital.
A long-running feud
Fernández, a lawyer by training and the son of a former judge, has long criticized the Supreme Court and called for systemic reforms. Yet after taking office, he moved with limited success to implement changes despite a majority in both houses of Congress. Since December 2021, the ruling coalition has found itself in a legislative minority, complicating any bid to open discussions about Rosatti’s impeachment. The Peronist leadership has acknowledged that two-thirds support is required in the chamber to successfully pursue the action, and the current balance makes victory uncertain.
The ruling party argued that a misalignment between the various branches of government has allowed judicial authorities to act beyond their proper remit, challenging the pillars of republican governance and the separation of powers.
Espionage and collusion
The ongoing conflict has been intensified by a controversy over communications and leaks involving Rosatti’s inner circle and the city of Buenos Aires top justice official, Marcelo D’Alessandro. Allegations point to leaked messages that suggest a broader network linking judges, former spies, and major media interests. D’Alessandro’s name appears in several communications tied to the affair, placing him at the center of political tension in the capital where the opposition vies for influence ahead of the next electoral cycle. The debate about impeachment has to contend with a practical constraint: Fernández would need to sign a decree to convene extraordinary sessions, and legislative recess runs until March. The lack of clear dialogue between Peronists and opposition parties makes any early session uncertain. Regardless of the outcome, the government’s initiative confirms a high level of political strain as Argentina heads into an election year, with the potential to reshape the balance of power across government institutions.