'They notified me I had to go,' says retiring Supreme Court justice

Juan Carlos Maqueda is one of Argentina’s four Supreme Court Justices. He is the most senior magistrate on the nation’s highest tribunal and on December 29, 2024, he will turn 75 years of age – reaching the limit for the post.

Maqueda’s birthday will create a second vacancy on the court. President Javier Milei wants to fill those two spots with nominees Ariel Lijo and Manuel García-Mansilla.

Since news of his impending departure broke, Maqueda had not spoken publicly about it. This week, in an interview with Generación 94 podcast, the Supreme Court justice spoke about his retirement as he reflected on his role as an constitutional assembly member in the 1994 reform of Argentina’s Constitution – which included, among other things, the imposition of an age limit.

The Constitution provides that any judge, after turning 75, can stay on in their position for a further five years, if the president once again nominates them to continue in their post. The Senate then approves the relevant documentation, in a process similar to the appointment of a new judge.

Asked about his coming departure and whether he would’ve liked to continue serving, Maqueda revealed that he was told he would be leaving.

“I didn’t have time to get into that, because nine or ten months ago, they notified me that I had to go at 75” years of age, he said, in reference to a communication sent by President Javier Milei on March 20 this year, announcing the nomination of Manuel García-Mansilla as Maqueda’s replacement.

“It’s no drama for me to leave at 75, after 22 years on the [Supreme] Court, but being in good health, as I am, I could have thought about it, but I didn’t. I didn’t have time,” he said.

The Supreme Court has never been far away from controversy in recent years and Maqueda’s birthday has, in the end, caught the attention.

The nominations of Lijo and García-Mansilla could be at risk if they are not approved by the Senate prior to the justice’s exit could complicate things even further. The Supreme Court could be left at a virtual standstill – it would only have three out of the five justices in place and therefore, all the agreements should be unanimous, because two-to-one votes are invalid.

The full interview with Maqueda will be released on Tuesday, September 24, on the Generación 94 podcast.