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The federal government says it is “genuinely surprised” by the Supreme Court of Canada’s decision to reject Stephen Harper’s pick for the top court. Marc Nadon’s eligibility to join the ranks of the high court’s justices.

The landmark judgment by the high court nullified the Harper government’s appointment last November of Marc Nadon on the grounds that he didn’t meet the eligibility criteria laid out in the Supreme Court Act.

In a statement, the government says it is reviewing the details of the decision and its “options” going forward.

The decision to exclude the Federal Court of Appeals judge from the ranks of the high court’s justices was yet yet another blow to the prime minister.

The court also rejected as unconstitutional the government’s attempt to bypass those rules by retroactively amending the law. The Conservatives tried to redefine the law to support Nadon’s appointment, but only after it became clear his ascendance to the Supreme Court bench faced legal and political challenges.

The 6-1 decision was a stunning political defeat for the Harper government, the latest in a string of constitutional decisions from the top court that have not gone the government’s way. They include rulings over supervised injection sites, the country’s prostitution laws and a decision Thursday that struck down a Harper government law on day parole for criminals.

The immediate impact of Friday’s ruling was that one of Quebec’s seats remains empty on the top court, but also sets the stage for later this year when a second seat is to open with the retirement of Justice Louis LeBel.