Supreme Court of the United States · Official docket →
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
1%
estimated cert probability
(petition-stage, structural)
(petition-stage, structural)
GVR risk 1%
Well below the 4.1% base rate, with no standout signals pointing toward a grant.
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
Conference history
Distributed for 2 conferences
Proceedings
- 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)