Pennsylvania
Pennsylvania’s highest court is the Supreme Court of Pennsylvania. The court has six justices and one chief justice, who is the longest-serving member of the court. (Source: Pennsylvania Constitution)
Judicial Selection
Justices on the Supreme Court of Pennsylvania are selected to a 10-year term through a partisan election, where multiple candidates may vie for the seat. Justices may seek additional 10-year terms through standing in an unopposed yes/no retention vote. When a seat opens in the middle of a justice’s term, the governor appoints a candidate to fill the vacancy. The governor’s selection must be confirmed by a two-thirds vote of the state senate. The appointed justice holds office until the next municipal election more than 10 months after the vacancy opened, unless the remainder of the seat’s term runs out before then. The elected justice serves a 10-year term. There are no term limits. The mandatory retirement age is 75.
State Constitution
Pennsylvania has had five state constitutions adopted between 1776 and 1968. As of January 1, 2024, it had 36 amendments. (Source: John Dinan, 2024)
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Why We Should Care About Diversity on the Bench
New data shows women and people of color are underrepresented on state high courts.
Supreme Court and Election Law Still Feel the Fallout 25 Years After Bush v. Gore
The 5–4 decision started a long slide in public approval for the court, accentuated by a widening partisan gap.
Bush v. Gore Introduced a Fringe Theory that Threatened Elections Decades Later
The “independent state legislature theory,” shut down in 2023 by the U.S. Supreme Court, would have robbed state courts of the power to review state laws related to federal elections.
Judging Democracy: A Former Justice Reflects on Bush v. Gore 25 Years Later
The legal battles over the 2000 presidential election were the beginning of a cautionary tale reminding us that democracy does not sustain itself.
How Originalism Revived an Abortion Ban a Majority of the North Dakota Supreme Court Held Unconstitutional
Although three of the five justices on the court concluded the ban violated state due process rights, a state rule requiring a supermajority to strike down a law means the dissenting opinion controls.
State High Courts Split on Laws Letting Survivors of Sexual Abuse Sue After Expiration of Statutes of Limitations
State supreme courts have emphasized different constitutional provisions to decide whether bills reviving time-barred civil causes of action for child sexual abuse claims are constitutional.
Everyone Benefits When Judges Come from a Variety of Backgrounds
Amid attacks on “diversity, equity, and inclusion,” the need for representative state supreme courts is as urgent as ever.
Everything You Need to Know About Next Month’s High-Stakes Supreme Court Elections in Pennsylvania
Three justices will face an up or down vote in November, the outcome of which is likely to impact the midterms.