JUST IN: Supreme Court Smacks Down Left-Wing Judge

The U.S. Supreme Court on Monday rejected an appeal from a former Pennsylvania judge who was suspended after repeatedly posting partisan political content on Facebook while serving on the bench.

Former Philadelphia Court of Common Pleas Judge Mark Cohen, a longtime Democratic state lawmaker before becoming a judge, had argued that his suspension violated his First Amendment rights.

The justices declined to hear Cohen’s appeal and offered no explanation for the decision, leaving intact a Pennsylvania Supreme Court ruling that upheld his suspension.

Cohen had continued publishing politically charged posts even after judicial officials raised concerns about his social media activity.

His attorney argued earlier this year that allowing judicial discipline based on the perceived tone and volume of otherwise lawful speech threatened constitutional protections.

“Allowing judges to be disciplined based on the perceived ‘tone’ or ‘volume’ of lawful speech promotes arbitrary enforcement, invites political interference in the judicial branch, and threatens to undermine the rule of law,” Cohen’s lawyer told Law.com at the time. “This case presents an urgent opportunity for the court to restore constitutional clarity and reestablish the First Amendment’s protection of the rights of sitting judges to speak on matters of public concern.”

Pennsylvania’s Judicial Conduct Board took a much different view, arguing that Cohen’s social media activity amounted to “partisan cheerleading” and that his punishment was a “straightforward application of familiar rules that judges around the country have followed for decades.”

The Supreme Court declined to hear an appeal from former Pennsylvania Judge Mark Cohen, leaving in place discipline tied to years of partisan Facebook posts.

Cohen, a former Democratic state lawmaker, repeatedly praised President Joe Biden and Democratic policies while serving on the bench. Pennsylvania’s highest court said the volume and tone of the posts made him appear to be acting as a partisan advocate.

Cohen argued the discipline violated his First Amendment rights. The Supreme Court denied his petition without comment.

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The Pennsylvania Supreme Court concluded that the sheer volume and tone of Cohen’s posts made him appear more like a Democratic Party advocate than an impartial judge.

Cohen had used his Facebook page to promote Democratic politicians and liberal policy positions while identifying himself publicly as a judge.

In November 2021, he praised then-President Joe Biden‘s Build Back Better legislation and said its passage would improve “many, many American lives.”

One year later, on Biden’s birthday, Cohen called him “an excellent President” and said he looked forward to “many more achievements.”

Cohen also publicly supported higher minimum wage laws, opposed restrictions on elective abortions and highlighted his record of receiving an “F” rating from the National Rifle Association during his years in the Pennsylvania Legislature.

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The state court ultimately concluded that Pennsylvania’s interest in maintaining an independent and impartial judiciary outweighed Cohen’s interest in publicly pushing partisan political views while serving as a judge.

The case centered on more than 60 Facebook posts examined by judicial authorities.

Cohen had served in the Pennsylvania House of Representatives for decades before winning election to the Philadelphia Court of Common Pleas and taking the bench in 2018.

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His suspension covered the remainder of his judicial term.

Cohen’s Supreme Court petition also said the disciplinary action resulted in the loss of his judicial and prior public-service pensions.

With the nation’s highest court refusing to take the case, the Pennsylvania ruling against Cohen now stands, ending his latest attempt to overturn the punishment over his partisan social media activity.

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