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

**URL:** <https://boards.straightdope.com/t/what-happens-if-a-supreme-court-judge-retires-five-months-before-a-federal-election/835875>\
**Category:** Miscellaneous and Personal Stuff I Must Share\
**Created:** [June 22, 2019, 2:29am UTC](https://boards.straightdope.com/t/what-happens-if-a-supreme-court-judge-retires-five-months-before-a-federal-election/835875 "2019-06-22T02:29:21Z")\
**Posts on this page:** 9\
**Page:** 1

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [June 22, 2019, 2:29am UTC](https://boards.straightdope.com/t/what-happens-if-a-supreme-court-judge-retires-five-months-before-a-federal-election/835875/1 "2019-06-22T02:29:21Z")

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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.

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**Author:** ![Velocity](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/velocity/32/18006_2.png) [@Velocity](https://boards.straightdope.com/u/Velocity)\
**Post date:** [June 22, 2019, 3:48am UTC](https://boards.straightdope.com/t/what-happens-if-a-supreme-court-judge-retires-five-months-before-a-federal-election/835875/2 "2019-06-22T03:48:03Z")

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Oh for those days.

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**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\
**Post date:** [June 22, 2019, 8:17pm UTC](https://boards.straightdope.com/t/what-happens-if-a-supreme-court-judge-retires-five-months-before-a-federal-election/835875/3 "2019-06-22T20:17:48Z")

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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](https://thehill.com/homenews/senate/445891-democrats-blast-mcconnell-for-saying-republicans-would-fill-2020-supreme)

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**Author:** ![Napier](https://avatars.discourse-cdn.com/v4/letter/n/ce73a5/32.png) [@Napier](https://boards.straightdope.com/u/Napier)\
**Post date:** [June 22, 2019, 11:33pm UTC](https://boards.straightdope.com/t/what-happens-if-a-supreme-court-judge-retires-five-months-before-a-federal-election/835875/4 "2019-06-22T23:33:23Z")

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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.

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**Author:** ![Hari\_Seldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hari_seldon/32/5173_2.png) [@Hari\_Seldon](https://boards.straightdope.com/u/Hari_Seldon)\
**Post date:** [June 23, 2019, 3:19am UTC](https://boards.straightdope.com/t/what-happens-if-a-supreme-court-judge-retires-five-months-before-a-federal-election/835875/5 "2019-06-23T03:19:41Z")

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

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [July 12, 2019, 3:13am UTC](https://boards.straightdope.com/t/what-happens-if-a-supreme-court-judge-retires-five-months-before-a-federal-election/835875/6 "2019-07-12T03:13:33Z")

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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.

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [July 12, 2019, 3:32am UTC](https://boards.straightdope.com/t/what-happens-if-a-supreme-court-judge-retires-five-months-before-a-federal-election/835875/7 "2019-07-12T03:32:00Z")

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

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [July 12, 2019, 3:36am UTC](https://boards.straightdope.com/t/what-happens-if-a-supreme-court-judge-retires-five-months-before-a-federal-election/835875/8 "2019-07-12T03:36:23Z")

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> [@Hari\_Seldon](#):
>
> So Scheer is channeling McConnell? Anyway, SCOC not a partisan institution, so that makes little sense.

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.”

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_Roman à clef_ guide (as if anyone on these boards needs it):

“Then” = Obama

“Now” = Trump.

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**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\
**Post date:** [July 12, 2019, 2:39pm UTC](https://boards.straightdope.com/t/what-happens-if-a-supreme-court-judge-retires-five-months-before-a-federal-election/835875/9 "2019-07-12T14:39:41Z")

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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…
