Pennsylvania
Pennsylvania’s highest court is the Supreme Court of Pennsylvania. The court has five 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)
Filters
Levels of Scrutiny Applied by State Courts, Explained
The tests state courts use to decide whether a law impermissibly infringes on people’s rights play a big role in determining whether government restrictions on those rights are upheld.
A Practical Guide to Using State History to Overcome Federal Precedent
Lawyers often waive state constitutional claims by failing to make arguments that diverge from federal case law. An originalism-style approach may provide alternatives.
State Court Oral Arguments to Watch for in May
Issues on the dockets include limits on a reform-minded prosecutor, automatic life sentences for late adolescents, and a ban on misgendering LGBTQ+ senior citizens.
Federal Workers Have Scant Job Protection in the Constitution
In contrast, some state constitutions protect explicitly both the civil service and public employee unions.
Book Excerpt: Personhood: The New Civil War over Reproduction, by Mary Ziegler
The fetal personhood movement already succeeded in eliminating what many viewed as a fundamental right. Its continued effects could be even further-reaching.
Protecting Youth in the Criminal Justice System
A man sentenced to life in prison at 18 years old explains why state laws that funnel kids into the adult system are unjust and short-sighted.
The Right to Petition in State Constitutions, Explained
Some states protect citizens’ right to make requests of or complaints against the government more broadly than the federal Constitution.
The Active Environmental Agendas of State Attorneys General
The U.S. Supreme Court this week paved the way for Democratic attorneys general to proceed with suits against fossil fuel companies under state law.