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Mark B. Cohen v. Judicial Conduct Board of Pennsylvania
Paid petition · Supreme Court of Pennsylvania, Eastern District, No. 63 EAP 2024 · judgment January 21, 2026
Before the decision, about 1.9× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and a petition citing three to ten dissents, and down for a state or local-government respondent.
Question presented
Whether content-based restrictions on the speech of sitting judges must satisfy strict scrutiny, such that the decision of the Supreme Court of Pennsylvania violates the First Amendment.
Counsel of record
For petitioner
Ilana Hope Eisenstein
DLA Piper LLP (US)
For respondent
Brian Halligan Fletcher
Stanford Supreme Court Litigation Clinic
Case
Subject area
First Amendment (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 2 conferences
Order
Order list, October 5, 2026 · Certiorari denied
Proceedings
- Oct 05 2026Petition DENIED.
- Aug 03 2026Reply of petitioner Mark B. Cohen filed. (Distributed)
- Jul 29 2026DISTRIBUTED for Conference of 9/28/2026.
- Jul 13 2026Brief of respondent Judicial Conduct Board of Pennsylvania in opposition filed.
- Jun 05 2026Motion to extend the time to file a response is granted and the time is extended to and including July 13, 2026.
- Jun 04 2026Motion to extend the time to file a response from June 11, 2026 to July 13, 2026, submitted to The Clerk.
- May 12 2026Response Requested. (Due June 11, 2026)
- May 05 2026DISTRIBUTED for Conference of 5/21/2026.
- Apr 30 2026Waiver of right of respondent Judicial Conduct Board of Pennsylvania to respond filed.
- Apr 21 2026Petition for a writ of certiorari filed. (Response due May 26, 2026)