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)
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Montana’s Climate Change Lawsuit May See Sequels Across America
Courts in Montana, Hawaii, and New Mexico have been receptive to claims by youth plaintiffs that failures to protect the environment violate state constitutions.
The History of Same-Sex Marriage in the United States, and What Might Come Next
Until the Supreme Court legalized same-sex marriage in 2015, the country was a patchwork of laws regarding who could marry.
Hawaii’s Lawsuit Against Oil Companies Alleges “Harm to Public Trust Resources”
States are suing companies that cause harm to the environment, relying on mandates requiring protection of public resources.
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
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.
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.