Oopps. we still didn't cover a Justice that disappears. There are no Judicial Deputies. The Nomination threads state this:
All members of the judiciary share several traditional rights and responsibilities:
Do not have Deputies but may appoint Pro-Tem justicesif they are unable to fulfill their duties. Pro-Tem officials have all of the rights and responsibilities of the officials they are filling in for but are a temporary position and must surrender their pro-tem status upon the request of the official.
This covers a Justice that knows and posts that they will be leaving. But what about Justices who just disappear? The CJ or President should appoint. No combo votes this time. Just one or the other.
Im inclined to support the President as to avoid any meddling done by the judiciary if the CJ appoints a "favourable" candidate and forces a judicial review of something they want overturned.
Thankfully, our Court doesnt have the same kind of teeth your American supreme court does.
Ours (fanatika, not canada) traditionally requires 2/3 judges to make a ruling, I hesitate to give the CJ the ability to appoint whomever they wish, and automatically have that 2/3 quorum.
Not to go off topic here, but out of the current Supreme Court Justices, 2 were appointed by Bush Sr. and 2 by Clinton, NONE by the current Bush.
Out of the rest 3 by Reagan, 1 by Ford, and 1 by Nixon. Biographies of Supreme Court Justices
Yes, mostly conservative, but certainly not stacked by the Bushes.
Anyway, back on topic, I think we should likely have a midterm election. The Justices shouldn't be called for TOO often, hopefully. And if you go with the US government as an example Congress must approve each nomination, and thus we'd more or less skip the step of the Presidential nomination.
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