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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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.
The Role of History and Tradition in State Court Abortion Cases
Some state courts weighed historical evidence and found abortion rights protections, diverging from the U.S. Supreme Court’s approach in Dobbs.
Case Trends: State Courts Shape the Right to Vote
State high courts continue to settle disputes over voting and election processes, including obstacles to by-mail voting — and to define the right to vote under their own constitutions.
States, Not the President, Run Elections in America
The administration’s attempts to undermine or interfere with elections run afoul of constitutional delegations of responsibility.
State Legalization of Marijuana Is Changing Search and Seizure Jurisprudence
The smell of marijuana, on its own, is no longer considered to be evidence of criminal activity in many jurisdictions.
The Extra Hurdle in State Courts to Prove a Statute Violates the U.S. Constitution
Many states require a litigant challenging a statute as violating the U.S. Constitution to prove the statute is unconstitutional “beyond a reasonable doubt.”
Pennsylvania’s Radical Constitution: An Experiment in the Making
From an early embrace of popular sovereignty to current voting decisions that make national news, Pennsylvania’s constitution has long reached beyond the state itself.
Pennsylvania Supreme Court Says Provisional Ballots Cast by Voters Whose Mail-Ballots Were Invalid Must Be Counted
The ruling denies the Republican National Committee’s appeal arguing that Pennsylvanians should not have a second chance to vote if their mail-in ballots are disqualified because they made a mistake