Jueces en tensión: la Corte Suprema argentina (2003-2023) y la Corte Constitucional colombiana (2002-2023) frente a la polarizaciónJudges under stress: The Argentine Supreme Court (2003-2023) and the Colombian Constitutional Court (2002-2023) amid polarization

This article examines how the Supreme Court of Argentina (2003–2023) and the Constitutional Court of Colombia (2002–2023) responded to periods of heightened political polarization. It finds that both courts acted strategically and maintained moderate stances, issuing rulings both favorable and adverse to their respective executives without permanent alignment to any political faction. The courts' relative independence is attributed to their judicial selection mechanisms and the distribution of power within their legislatures, which prevented domination by a single political force and internal ideological polarization. The study highlights that, unlike the highly polarized and politicized U.S. Supreme Court, these Latin American courts have so far avoided becoming tools of partisan conflict, balancing deference and resistance even during crises such as the COVID-19 pandemic. The article suggests ongoing challenges ahead as new administrations with ambitious reform agendas engage with these courts.