Supreme Court upholds suspension of former Pennsylvania judge over partisan posts

The U.S. Supreme Court has declined to hear a challenge from former Pennsylvania Judge Mark B. Cohen regarding his suspension for partisan social media activity. By denying certiorari, the high court leaves intact a state ruling that allows for the discipline of judges whose political advocacy undermines the appearance of impartiality.

Cohen, a former Democratic state legislator who served on the Philadelphia Court of Common Pleas, was suspended in 2024 following a review of more than 60 Facebook posts. The posts included praise for President Joe Biden and Governor Josh Shapiro, support for Democratic-backed policies, and criticism of conservative figures and organizations.

Cohen argued that his posts were protected by the First Amendment as matters of public concern. However, the Pennsylvania Supreme Court previously held that sitting judges are subject to stricter limits than ordinary citizens to preserve public confidence in judicial independence. The state court concluded that the volume and tone of the posts made Cohen appear to be a political advocate rather than a neutral jurist.