On May 3, 2017, the Supreme Court of Justice of the Nation handed down its conclusion concerning Muiña case. It held that the 2x1 criterion was applicable to Luis Muiña, who had been convicted of crimes against humanity committed at Posadas Hospital in the province of Buenos Aires. In other words, such ruling stipulated that Muiña's sentence had to be counted as provided for by Article 7 of Act No. 24,390, which was in effect between 1994 and 2001, and according to which, each year of preventive custody is equivalent to serving two years of the final sentence imposed.

The social reaction to this decision was immediate. There were massive demonstrations on the streets throughout the country. In the city of Buenos Aires, dissenters carried with them thousands of white headscarves. Most remarkably and for the first time, demonstrations counted on the presence of groups of sons and daughters of repressors who condemned the criminal actions of their parents during the dictatorship.

The National Congress convened an urgent meeting to pass a law (Act No. 27,362). The act provided for that the relevant Section in question did not apply to crimes against humanity, as doing so would violate the international obligations undertaken by the Argentine State. One year later, when delivering its sentence in the case of Rufino Batalla, the Supreme Court itself affirmed that the 2x1 rule does not apply to crimes against humanity.