The U.S. Supreme Court on Monday refused to hear former Philadelphia Judge Mark B. Cohen’s last-ditch bid to undo his suspension for turning a public Facebook page, one that identified him as a sitting judge and showed him in his robes, into a Democrat cheering section for Joe Biden, Josh Shapiro, and the party line.

The justices denied certiorari without comment. Cohen, a Democrat who spent more than four decades in the Pennsylvania House before winning a Court of Common Pleas seat in 2018, had asked the high court to rule that the First Amendment shielded dozens of partisan posts he made while on the bench. It did not.

As The Hill reported, Pennsylvania’s judicial discipline system suspended him in 2024 over posts praising Democrats, including Biden and Gov. Josh Shapiro, and pushing policies such as raising the minimum wage.

That suspension was not a close call, and it was not a surprise.

The Judicial Conduct Board charged Cohen over scores of posts on a page that advertised his status as a Family Division judge.

The record, laid out in the Pennsylvania Supreme Court’s January 21, 2026, opinion and in the board’s filings, shows a longtime Democratic operative who never really left the campaign.

He called Biden an excellent president. He boosted Shapiro. He backed Philadelphia District Attorney Larry Krasner.

He criticized Republicans, including then-House Speaker Kevin McCarthy, and took shots at the National Rifle Association.

He argued for more domestic spending and less military spending. He implicitly endorsed a congressional candidate and touted his own legislative record as a Democrat. The board called it what it was: “partisan cheerleading.”

He was warned. He kept posting. When someone on Facebook asked who was behind the complaint, Cohen answered that it was “Conservative people who want judges to be scared of their own shadow and completely silent on issues of societal improvements and social justice.”

The Court of Judicial Discipline later noted that no other case in its history involved that kind of defiance after a decision. On October 7, 2024, it suspended him without pay through the end of his term.

Pennsylvania law forced him off the bench anyway on December 31, 2024, when he hit the mandatory retirement age of 75.

Cohen appealed. The Pennsylvania Supreme Court affirmed in an opinion by Justice Kevin Dougherty. The court drew a line the U.S. Supreme Court has long recognized for judicial candidates, strict scrutiny under Republican Party of Minnesota v. White, and refused to hand the same protection to a sitting judge who was not running.

Outside a campaign, the court said, the state’s interest in an independent, impartial judiciary is weighed against the judge’s desire to speak. Here, the Commonwealth won.

“Here, we hold the Commonwealth’s interests in preserving the judiciary’s reputation for impartiality outweighed Judge Cohen’s interests, as a sitting judge who was not a candidate for judicial office, in publicly advocating for the Democratic Party on Facebook and espousing his partisan political views,” Dougherty wrote.

Cohen’s lawyers at DLA Piper told the U.S. Supreme Court its “guidance is sorely needed” and warned of a chilling effect. The Judicial Conduct Board, represented by Stanford Law School’s Supreme Court Litigation Clinic, said there is no precedent that lets a sitting judge use the office as a party microphone.

Four votes were required to take the case. Cohen did not get them. The Epoch Times noted the Court gave no explanation, which is standard on a cert denial.

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