Meet the Pa. Commonwealth Court judges who’ve recently sided with Republicans on election rulings, only to be overturned by higher courts -…
(*This story was updated at 9:37 a.m. on 12/6/20. An earlier version of this story incorrectly stated that Judge Kevin Brobson was a Pennsylvania State Police trooper. His father served as a Pennsylvania State Police trooper)
Pennsylvanias Commonwealth Court has been a big player in the ongoing attempts by the Trump campaign and other Republicans to overturn the states election results or invalidate ballots.
But thus far, the Republican-dominated court has had all of its 2020 election-related decisions overturned or vacated by the Pennsylvania Supreme Court, despite conservatives like 17th Congressional District candidate Sean Parnell portraying the court decisions as victories.
Take, for instance, Judge Patricia McCulloughs Nov. 25 order for Pennsylvania officials to halt the certification process for election results. It came one day after Gov. Tom Wolf certified the states results and its coveted 20 Electoral College votes for former Vice President Joe Biden. U.S. Rep.Mike Kelly, R-16th District, argued the legislatures decision to allow no-excuse, mail-in voting violated the states constitution.
Wolf and Secretary of the Commonwealth Kathy Boockvar appealed McCulloughs ruling to the state Supreme Court, which dismissed the case with prejudice. The court said the petitioners, who include Kelly and Parnell, wholost this year to U.S. Rep. Conor Lamb, D-17th District, didnt bring their case in a timely manner and failing to certify the results would result in the disenfranchisement of millions of Pennsylvania voters.
The want of due diligence demonstrated in this matter is unmistakable, the court wrote in its majority opinion.
Thats a fairly stern ruling from the states high court. In addition to McCullough, another Commonwealth Court judge, Kevin Brobson, recently ruled in favor of a Republican state Senate candidate, who was seeking that disputed mail-in ballots not be counted. That ruling, like McCollughs, was also overturned by the state Supreme Court. The states highest court currently has five justices elected as Democrats and two justices elected as Republicans.
But the lack of staying power in the Commonwealth Courts decisions hasnt stopped pro-Trump conservatives from heralding this and other Commonwealth Court decisions to create the impression that their side is winning. And the Republican judges on the Commonwealth Court that have issued the highest-profile rulings in the post-election legal battles have seen other big decisions swiftly overturned by a higher court. So what else do we know about McCullough and Brobson and Pennsylvanias Commonwealth Court?
Judges on Commonwealth Court serve 10-year terms, and the nine-judge body hears appeals of decisions from state agencies and some Courts of Common Pleas decisions. There are two appellate courts in Pennsylvania, Superior Court and Commonwealth Court, and decisions those courts make can often be appealed to the highest court in the state, the Pennsylvania Supreme Court. Seven of the nine current judges on Commonwealth Court were elected as Republicans, as was Senior Judge Bonnie Brigance Leadbetter.
With one election barely over, state lawmakers look to make fixes ahead of the next one
McCullough, elected to the Commonwealth Court as a Republican in 2009, was also the dissenting voice on the Commonwealth Court in another Trump-election-related lawsuit prior to the election. Before being elected to Commonwealth Court, McCullough served as an attorney for 28 years, representing clients like the University of Pittsburgh. She also served as the executive director of Catholic Charities for years beforeresigning in 2007.
In October, the Trump campaign argued that poll watchers in Philadelphia should be allowed to observe at satellite locations.
Judge Gary Glazer of the Philadelphia County Court of Common Pleas ruled that the satellite offices didnt qualify as polling places and that the state Election Code contains no provision that expressly grants the Campaign and its representatives a right to serve as watchers at satellite offices of the Board of Elections. Satellite election offices were established in Philadelphia and other Pennsylvania counties prior to Election Day to allow people alternative locations to register to vote and apply for and return mail-in ballots.
Commonwealth Court judges Ellen Ceisler (a Democrat) and Leadbetter affirmed Glazers ruling in the courts October 23rd decision. But McCullough wrote that she emphatically dissented with the majority opinion.
Pa. House Republicans strike out on last-minute push to pressure Wolf to rescind election results, report
McCullough wrote in her dissent that Glazer and the Commonwealth Court judges effectively deprive both presidential candidates, and by extension, every party and candidate, of their statutory right to have poll watchers present at places where electors cast and submit votes in person and in numbers unparalleled in our times.
Philadelphia election commissioners argued that the Trump campaign was trying tointimidate the citys overwhelmingly Democratic voters. In the end, Philadelphia ended up increasing its margin of Trump votes compared to 2016, even though the poll watchers werent allowed at satellite voting locations.
But McCullough isnt the only Commonwealth Court Judge providing favorable rulings to Republicans, just to have them overturned shortly thereafter.
Judge Brobson also has been in the spotlight with the Trump campaign election challenges. *Before serving as a judge, Brobson worked as a Harrisburg-based attorney. While campaigning in 2009 in Stroudsburg, he boasted about only representing private entities as an attorney, and said the government has plenty of counsel.
Brobson wrote the majority opinion in the courts Nov. 18 ruling that some 2,300 mail-in-ballots in the45th Senatorial Districtshould not be counted because they lacked handwritten dates.
The letter of the law, Brobson wrote, required the votes to be thrown out, and by not doing so it would be absolving [voters] of their responsibility to execute their ballots in accordance with law, even as he acknowledged we realize that our decision in this case means that some votes will not be counted.
But once again, the Pennsylvania Supreme Court overturned the Commonwealth Court decision. Justice Christine Donohue wrote in the majority opinion that failures to include a handwritten name, address, or date in the voter declaration on the back of the outer envelope, while constituting technical violations of the Election Code, do not warrant the wholesale disenfranchisement of thousands of Pennsylvania voters.
Even federal Judge J. Nicholas Ranjan, a Trump-appointee,rejected Republican candidate Nicole Ziccarellis requestfor a restraining order, saying it would disenfranchise potentially thousands of voters, and that the ballots had arrived on time and were otherwise without errors.
Brobsons ruling gathered less attention from national outlets since it only pertained to a state Senate race, but if his decision were not overruled and the mail-in ballots were not counted, Ziccarelli would almost certainly be in the lead. Instead with the votes counted, state Sen. Jim Brewster (D-McKeesport) holds a narrow lead.
Prior to that ruling, Brobson was best known for his 2017 ruling on Pennsylvanias heavily gerrymandered Congressional district maps. He ruled that while those districts favored Republicans, the Democrats who sued had not demonstrated a legal standard for creating nonpartisan maps. A few weeks later, his decision wasstruck down by the state Supreme Court, who found that the Congressional map represented an illegal partisan gerrymandering that favored Republicans.
In 2019, some of Brobsons campaign top donors included then state Senate President Pro Tempore Joe Scarnati (R-Warren) and Build PA PAC, who each gave $2,500 directly to his campaign, according to watchdog groupTransparencyUSA. This cycle, Build PA PAC spent $125,000 on Ziccarellis campaign, as well as hundreds of thousands of dollars on other Republican state senate candidates in Pennsylvania, and $425,000 to the Senate Republican Campaign Committee.
Kim Lyons is a reporter for Pittsburgh City Paper, where this story first appeared.
- Republicans big bill scared bond markets. Thats bad news for your wallet. - MSNBC News - May 26th, 2025 [May 26th, 2025]
- Analysis | The Big Beautiful Bill is a big risk for House Republicans. Many of them hope otherwise. - The Washington Post - May 26th, 2025 [May 26th, 2025]
- Top Republicans threaten to block Trumps spending bill if national debt is not reduced - The Guardian - May 26th, 2025 [May 26th, 2025]
- Florida Republicans Break With Trump Over Venezuelan Deportations - The New York Times - May 26th, 2025 [May 26th, 2025]
- How House Republicans' big tax and spending vote will shape the next election - NBC News - May 26th, 2025 [May 26th, 2025]
- House Republicans narrowly passed Trumps big, beautiful bill. Heres whats in it - PBS - May 26th, 2025 [May 26th, 2025]
- Republicans are dodging fired federal staff: They will not even look in our direction - The Guardian - May 26th, 2025 [May 26th, 2025]
- Two House Republicans missed the big vote - Politico - May 26th, 2025 [May 26th, 2025]
- House Republicans Have Passed a Bill to Gut the IRA. What Happened to All the Supposed Holdouts? - Inside Climate News - May 26th, 2025 [May 26th, 2025]
- Fury as Republicans go nuclear in fight over California car emissions - The Guardian - May 26th, 2025 [May 26th, 2025]
- 7 things Senate Republicans hate about the House megabill - Politico - May 26th, 2025 [May 26th, 2025]
- Now That House Republicans Took the Plunge, Its the Senates Turn - The New York Times - May 26th, 2025 [May 26th, 2025]
- House Republicans pass Trump's big bill of tax breaks and program cuts after all-night session - AP News - May 26th, 2025 [May 26th, 2025]
- The reconciliation bill is Republicans doing what they do best - vox.com - May 26th, 2025 [May 26th, 2025]
- The Devastating Harms of House Republicans Big, 'Beautiful' Bill by State and Congressional District - Center for American Progress - May 26th, 2025 [May 26th, 2025]
- Senate Republicans aim to get Trump's 'big, beautiful bill' to his desk by July 4 - Fox News - May 26th, 2025 [May 26th, 2025]
- House Republicans press ahead on Trump agenda bill with key issues up in the air - NBC News - May 26th, 2025 [May 26th, 2025]
- House Republicans tee up floor action on Trumps megabill - Politico - May 26th, 2025 [May 26th, 2025]
- Opinion | One Thing Still Unites Republicans - The New York Times - May 26th, 2025 [May 26th, 2025]
- House Republicans pass big, beautiful bill after weeks of division - Politico - May 26th, 2025 [May 26th, 2025]
- House Republicans Just Dealt a Blow to Wind Developers - THE CITY - NYC News - May 26th, 2025 [May 26th, 2025]
- Chuck Schumer is already panning blue state Republicans for caving on SALT - Politico - May 26th, 2025 [May 26th, 2025]
- Trump urges House Republicans not to mess with Medicaid amid push to pass bill advancing his agenda: Sources - ABC News - May 26th, 2025 [May 26th, 2025]
- Why House Republicans stripped a regulatory overhaul from their megabill for now - Politico - May 26th, 2025 [May 26th, 2025]
- Blue-state Republicans score SALT win in megabill revisions - Politico - May 26th, 2025 [May 26th, 2025]
- The 5 House Republicans who didn't vote for Trump's sweeping tax bill - USA Today - May 26th, 2025 [May 26th, 2025]
- Senate Republicans put House on notice: We won't accept your Trump agenda bill without changes - NBC News - May 15th, 2025 [May 15th, 2025]
- Republicans advance bill with steep cuts to Medicaid as part of Trump agenda - The Hill - May 15th, 2025 [May 15th, 2025]
- Conservative Republicans Revolt Over Domestic Policy Bill, Threatening Its Path - The New York Times - May 15th, 2025 [May 15th, 2025]
- House Republicans Medicaid Cuts and Associated Lives Lost by Congressional District - Center for American Progress - May 15th, 2025 [May 15th, 2025]
- Heres Whats in House Republicans Big Tax Bill to Deliver Trumps Agenda - The New York Times - May 15th, 2025 [May 15th, 2025]
- Republicans Outdo Themselves in Food Stamp Cuts - The American Prospect - May 15th, 2025 [May 15th, 2025]
- House Republicans are zeroing in on a sweeping tax package. Heres what it could mean for you - CNN - May 15th, 2025 [May 15th, 2025]
- Republicans want Congress involved in Trumps Qatar jet push - Politico - May 15th, 2025 [May 15th, 2025]
- Renewable Energy Is Booming in Texas. Republicans Want to Change That. - The New York Times - May 15th, 2025 [May 15th, 2025]
- House Republicans Tax Bill Is Full of New Loopholes for the Ultrawealthy - Center for American Progress - May 15th, 2025 [May 15th, 2025]
- House Republicans Push Forward Plan to Cut Taxes, Medicaid and Food Stamps - The New York Times - May 15th, 2025 [May 15th, 2025]
- Opinion | House Republicans are about to wreck Trumps nuclear-powered dream - The Washington Post - May 15th, 2025 [May 15th, 2025]
- Republicans May Not Even Be Able to Move Reconciliation Out of Committee on Time - notus.org - May 15th, 2025 [May 15th, 2025]
- First time we were hearing of them: The GOP megabill is packed with surprises for some Republicans - Politico - May 15th, 2025 [May 15th, 2025]
- Republicans propose prohibiting US states from regulating AI for 10 years - The Guardian - May 15th, 2025 [May 15th, 2025]
- Congressional Republicans Reconciliation Plan Could Cost a Working-Class Family Thousands More Per Year - Center for American Progress - May 15th, 2025 [May 15th, 2025]
- ICYMI: CONGRESSIONAL REPUBLICANS AND PRESIDENT TRUMP UNVEIL THEIR PLAN TO TRADE AWAY AMERICANS HEALTH COVERAGE FOR TAX CUT FOR THE WEALTHY - U.S.... - May 15th, 2025 [May 15th, 2025]
- RFK Jr. and his 'MAHA' agenda make some Republicans nervous as they look to the midterms - NBC News - May 15th, 2025 [May 15th, 2025]
- Opinion | How do Republicans plan to cut health coverage? Two basic ways. - The Washington Post - May 15th, 2025 [May 15th, 2025]
- Trump's 'palace in the sky' plane gift concerns some Republicans - Reuters - May 15th, 2025 [May 15th, 2025]
- Proposed Medicaid cuts by Republicans leave patients and doctors fearing the worst - NBC News - May 14th, 2025 [May 14th, 2025]
- House works into the night as Republicans push ahead on Trumps big bill - AP News - May 14th, 2025 [May 14th, 2025]
- Whats in Trump and Republicans giant tax and immigration bill? - The Washington Post - May 14th, 2025 [May 14th, 2025]
- Republicans Have Landed on a Grisly Compromise for Cutting Medicaid - Slate Magazine - May 14th, 2025 [May 14th, 2025]
- Marathon hearings begin as House Republicans push ahead with Trumps big bill - PBS - May 14th, 2025 [May 14th, 2025]
- Republicans face a crucial stretch this week as they aim to deliver on Trump's agenda - NPR - May 14th, 2025 [May 14th, 2025]
- The House Republicans' Budget Bill Guts Basic Needs Programs for the Most Vulnerable Americans to Give Tax Breaks to the Rich - Center for American... - May 14th, 2025 [May 14th, 2025]
- House Republicans pension changes will save nearly $51B, CBO says - Politico - May 14th, 2025 [May 14th, 2025]
- House Republicans face down Dem attacks, protests to pull all-nighter on Trump's 'big, beautiful bill' - Fox News - May 14th, 2025 [May 14th, 2025]
- Congressional Republicans Are Planning One of the Largest-Ever Cuts to Basic Supports for Children - Center for American Progress - May 14th, 2025 [May 14th, 2025]
- House Republicans unveil Medicaid cuts that Democrats warn will leave millions without care - AP News - May 14th, 2025 [May 14th, 2025]
- Republicans push to repeal clean energy tax breaks, putting companies in limbo and billions in investments at risk - The Daily Climate - May 14th, 2025 [May 14th, 2025]
- Opinion | House Republicans take on Medicaid - The Washington Post - May 14th, 2025 [May 14th, 2025]
- Republicans Propose Paring Medicaid Coverage but Steer Clear of Deeper Cuts - The New York Times - May 14th, 2025 [May 14th, 2025]
- Republicans have a plan to add trillions of dollars to the national debt - The Economist - May 14th, 2025 [May 14th, 2025]
- AFGE Fights House Republicans $50 Billion Cuts to Federal Workers Retirement, Attack on Merit System - AFGE - May 14th, 2025 [May 14th, 2025]
- Republicans Propose No Regulation of AI for the Next 10 Years - Newsweek - May 14th, 2025 [May 14th, 2025]
- To Republicans, We Are the Waste | Opinion - Newsweek - May 14th, 2025 [May 14th, 2025]
- House Republicans spark outrage with bilingual post as GOP infighting intensifies - Fox News - May 14th, 2025 [May 14th, 2025]
- Virginia Republicans are reeling and they have no one to blame but themselves - MSNBC News - May 14th, 2025 [May 14th, 2025]
- Trump imposed new taxes with only a wave of his hand, and Nevada Republicans are fine with that - Nevada Current - April 25th, 2025 [April 25th, 2025]
- Michigan House Republicans want to shift who has the power to appoint the state superintendent - Michigan Advance - April 25th, 2025 [April 25th, 2025]
- How 3 Republicans survived their town halls - Politico - April 25th, 2025 [April 25th, 2025]
- People think Republicans arent perfect, but the other side is crazy: Sen. John Kennedy - Fox News - April 25th, 2025 [April 25th, 2025]
- Republicans Killed 43 Democratic Voucher Amendments. See What They Opposed. - Reform Austin - April 25th, 2025 [April 25th, 2025]
- A dozen House Republicans fire warning shot to Mike Johnson on Medicaid cuts - Axios - April 18th, 2025 [April 18th, 2025]
- Republicans in many states forge ahead with bills requiring proof of citizenship to vote - The Guardian - April 18th, 2025 [April 18th, 2025]
- Michigan House Republicans want the State Board of Education to lose this power - Chalkbeat - April 18th, 2025 [April 18th, 2025]
- Republicans reconsider their commitment to tax cuts for the rich in Trump agenda bill - NBC News - April 18th, 2025 [April 18th, 2025]
- House Republicans refuse to pass ceremonial resolution honoring Cecile Richards - The Texas Tribune - April 18th, 2025 [April 18th, 2025]
- Republicans Are Trying to Steal an Election - Democracy Docket - April 18th, 2025 [April 18th, 2025]
- Capital Tonight: Texas Republicans clear major hurdle in passing school vouchers - Spectrum News - April 18th, 2025 [April 18th, 2025]
- Polling shows growing number of Republicans identify with the MAGA movement - NBC News - April 18th, 2025 [April 18th, 2025]
- Republicans Debate Higher Taxes on the Rich - The New York Times - April 18th, 2025 [April 18th, 2025]