Philadelphia, PA — The U.S. Supreme Court has declined to hear former Pennsylvania Judge Mark B. Cohen’s challenge to a suspension imposed over dozens of partisan Facebook posts, leaving intact a state ruling that judges can face discipline for political advocacy that undermines the appearance of impartiality.
Cohen, a former Democratic state legislator who later served on the Philadelphia Court of Common Pleas, was suspended in 2024 after Pennsylvania’s judicial disciplinary authorities reviewed more than 60 posts. They included praise for President Joe Biden and Gov. Josh Shapiro, support for Democratic-backed policies and criticism of conservative positions.
Cohen argued that the posts addressed matters of public concern and were protected by the First Amendment. Pennsylvania’s Supreme Court disagreed in January, holding that sitting judges are subject to stricter limits than ordinary political speakers because courts have a compelling interest in preserving public confidence in judicial independence and impartiality.
The state court concluded that Cohen’s volume and tone of partisan posts made him appear to be an advocate for the Democratic Party rather than a neutral judge.
The U.S. Supreme Court’s refusal to review the case leaves Cohen’s suspension and the Pennsylvania court’s First Amendment analysis in place without issuing a separate opinion.
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