To develop legal reasoning from the dissent

Abstract

This jurisprudential analysis focuses on a recent ruling by the Supreme Court of Justice of the Nation, dated October 30, 2024, in the case titled “Moliné O’Connor, Eduardo José A. c/Estado Nacional – Ministerio de Desarrollo Social – resol. 3085/04 219/05 (dto. 1319/05) s/proceso de conocimiento.” The ruling raises a substantive issue of serious institutional significance, which is both complex and troubling, as it affects the separation of powers and the republican system of government. This paper examines the majority opinion and the interpretative methods applied in what appears, at first glance, to be a straightforward case but which—through the reasoning set out in the dissenting opinion—emerges as a complicated case with implications for the separation of powers, judicial independence, and the republican form of government.