The oldest appellate court in America holds the power of judicial review

Science · Published 20 October 2026 Swipe more like this →

In short: Long before the United States Supreme Court existed, Pennsylvania was already exercising a profound legal power: the ability to strike down laws. This centuries-old institution balances historical precedent with modern rulings on everything from digital privacy to the limits of police authority.

Sharing a title with the Massachusetts Supreme Judicial Court, the United States' earliest appellate body is the Supreme Court of Pennsylvania. Its roots trace back to 1684 as the Provincial Court. While it was originally under the control of British governors, the 1722 reorganization established it as an independent entity. This independence was a pivotal moment in the separation of powers, as the House agreed to raise taxes specifically in exchange for a court free from executive oversight.

The Court's authority is defined by its discretionary docket, which allows it to choose which cases to hear, except for mandatory death penalty appeals and specific Commonwealth Court appeals. This power was solidified early in American history; by 1799, in Respublica v. Duquet, the Court became one of the first in the nation to claim the power to declare legislative acts unconstitutional. It maintained this role as the court of last resort following the dissolution of the High Court of Errors and Appeals in 1808.

Today, the Court consists of seven justices elected to ten-year terms. The system includes a unique retention process where justices face a statewide 'yes or no' vote after their initial term. While justices must step down at age 75, they can serve as 'senior justices' until age 78. The Court continues to shape modern life through high-profile rulings, such as protecting digital account passwords under the Fifth Amendment in 2019 and declaring partisan gerrymandering illegal in 2018.

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