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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Scholarship Roundup: Back to School Edition
Recent articles address access to justice, administrative law, the law of democracy, and state constitutional law.
State Judges Must Guard Their Independence
The legislative assault on state supreme courts is one of the greatest threats to our system of checks and balances.
The Greening of State Constitutions
Courts play an increasingly important role in enforcing states’ environmental rights amendments.
State Courts Confront Climate Change
Two lawsuits seek relief from climate change using state constitutions.
Protecting Against Extreme Punishments
The Supreme Court’s Eighth Amendment jurisprudence has come to obscure what started as robust state constitutional protections.
The Neglected State Constitutional Protections Against Extreme Punishments
Two new law review articles explore the origins of antipunishment clauses in Pennsylvania and North Carolina.
How Do State Constitutions Evolve?
The Washington Supreme Court’s changing interpretation of its state “Privileges or Immunities” Clause shows how state courts can diverge from federal precedent over time.
‘Marsy’s Law’ Challenges Highlight Conflicts with Other Constitutional Rights
Decisions are expected soon from supreme courts in Wisconsin and Florida.