What happens if a Supreme Court judge retires five months before a federal election?

Well, in Canada, it’s a collective “yawn” followed by “The Raptors won!”

Justice Gascon, a five year veteran of the Court, is stepping down for health reasons. He sat on his last case in May and will have until March to participate in the decisions on reserved cases.

Prime Minister Trudeau has stated that he plans to appoint a new judge before the election in October. Andrew Scheer, leader of the Conservatives, has issued a “tut-tut” media release saying the seat should stay vacant until after the election.

And that’s about it, news-wise.

Oh for those days.

It’s a little different down here in Murrica these days: https://thehill.com/homenews/senate/445891-democrats-blast-mcconnell-for-saying-republicans-would-fill-2020-supreme

I think if there’s a Republican President and a Republican Senate they appoint a new one, and if a Democratic President and a Republican Senate they delay until that condition changes. If there’s a Democratic Senate they’d appoint a new one, but I doubt there will be a Democratic Senate for a while to come.

So Scheer is channeling McConnell? Anyway, SCOC not a partisan institution, so that makes little sense.

And now we know. PM Trudeau announced his pick yesterday, a Quebec Court of Appeal judge, Nicholas Kasirer.

And in my Google.ca feed today, for “Supreme Court appointment”, the top three stories were about the appointment, from a news perspective, not op-eds.

Everything after that: Trump and the courts.

And, it’s not even in my basic google news . ca newsfeed.

It’s a bit hard for Scheer to make a fuss, considering Harper appointed a judge in the summer of 2015, just a couple of months before the election.

Not that McConnell seems to have any commitment to consistency on this point, given his recent comments, which can be summarised as “That was then, this is now.”


Roman à clef guide (as if anyone on these boards needs it):

“Then” = Obama

“Now” = Trump.

When McConnell’s finally in Hell, a demon wearing a Merrick Garland mask should be doing very unpleasant things to him day after day after day…