Patricia McCullough

Republican | Pennsylvania

Candidate Profile

Proven Originalist

BIOGRAPHY

Name

Patricia McCullough


Party

Republican


Election Year

2023


Election

Supreme Court Primary, HD108, HD163 Special


Race

Supreme Court


Incumbent

No


Links

Patricia McCullough websitesPatricia McCullough phones Patricia McCullough email

EDUCATION

University of Pittsburgh School of Law, Pittsburgh, J.D., 1981

University of Pittsburgh, Pittsburgh, B.A., 1978

WORK & MILITARY

(Candidate did not provide)

AFFILIATIONS

HOPE Foundation, Board member and volunteer instructor in women's HOPE pod, and for youth at risk. reduces recidivism from 40-60% nationally to 8-12%, Pittsburgh Leadership Foundation

Board member, Hope with Horses, support equine therapy programs for veterans, law enforcement first responders and youth with disabilities

Women Without Walls ministry, speaker for reconciliation and healing among women of different ethnic, racial and denominational backgrounds, Catholic Charities

exec. director-oversaw implementation of free healthcare center., Pittsburgh Experiment, volunteer and speaker

Nat. Foster Care Coalition, volunteer, Rep State Comm.; allegh cty rep comm.

elected member, PA Bar Assoc, volunteer lecturer for continuing legal education for members of legal profession

POLITICAL OFFICES HELD

appointed by governor with unanimous consent of state senate as Judge Allegheny. County Court Common Pleas, 2005-2006

elected Judge-Pennsylvania Commonwealth Court, 2009-2029 (including second 10 yr term)

PA Rep party State Comm., USC local Rep Comm., pre 2004

POLITICAL OFFICES SOUGHT

Judge Allg County Court Common Pleas, 2006/2007

PA Supreme Court Justice, 2021

Race

Previous Races

ENDORSEMENTS

CONSERVATIVE (3)

Firearms Owners Against Crime

Pennsylvania Pro-life Federation PAC

Gun Owners of America Pennsylvania

REPORTED BY CANDIDATE (3)

PA Pro Life Federation

Firearms Owners Against Crime

Alan Gottlieb (GOA)

SELECTED CONTRIBUTIONS

CONSERVATIVE
GIVEN BY CANDIDATE (1)

Action of PA (2009)

RECEIVED BY CANDIDATE (1)

Tom Corbett (2009)


OTHER INFORMATION

Judge Patricia McCullough (R) was elected to the Commonwealth Court of Pennsylvania in 2009 and assumed office in 2010. Her term ends in 2030. In 2005 she was appointed a judge of the Allegheny County Court of Common Pleas.



The Pennsylvania Bar Association recommended Judge McCullough for retention on the Commonwealth Court of Pennsylvania in 2019. She was not evaluated in her race for Supreme Court in 2021; nor was she evaluated for her race for Supreme Court in 2023. Note that all candidates requesting an evaluation by the deadline receive either Highly Recommended, Recommended or Not Recommended. She received no evaluation. 

Judge McCullough is a former Executive Director of the Catholic Charities Diocese of Pittsburgh



Judicial Philosophy 

Notable Issues

Notable cases

  • Judge McCullough placed a temporary injunction on certification of Pennsylvania’s November 2020 election results (Kelly v. Commonwealth). Petitioners allege that Act 77 that amended “various absentee and mail-in voting provisions. . . is unconstitutional and void ab initio because it purportedly contravenes the requirements of the Pennsylvania Constitution.” [2] 
  • Judge McCullough ruled in favor of a Republican candidate in a close race who argued that 270 defective ballots should not be counted (In Re: Allegheny County Provisional Ballots in the 2020 General Election). The court found the language of the election code unambiguous and found the language “plainly contemplate separate signatures for each delineated item.” [5] The court found the plain language states ballots without proper signatures “shall not be counted.” [4]  The court further stated that the Board agreed the ballots do not comply with the state's requirements. The court found due to Pennsylvania Supreme Court precedent which “pronounced a bright-line rule couched in strong admonitory terms” that they “are not free to disregard the explicit legislative direction based on equitable considerations.” [9] The court states they were “not at liberty to ignore this mandate.” [9]
  • Judge McCullough voted with the Commonwealth Court majority in Allegheny Reproductive Health Center v. Pennsylvania Department of Human Services, which threw out Planned Parenthood’s efforts to overturn a recent ban on using the state’s Medical Assistance funds for most abortions. Judge Ceisler dissented, saying that she agreed with the outcome of the case but believed Planned Parenthood did have legal standing to bring the case to court. The court found the Reproductive Health Center lacked standing and that the “petition for review d[id] not state a claim upon which relief can be granted.” [20] The Centers argued the court should ignore Pennsylvania Supreme Court precedent because “it was ‘wrongly decided.’” [20]
  • Judge McCullough wrote a concurring and dissenting opinion in Firearm Owners Against Crime v. City of Harrisburg, arguing that the firearms owners in the City of Harrisburg ought to be allowed to challenge the city’s anti-gun State of Emergency Ordinance. Judge McCullough argued that, if the firearms owners were allowed to amend their complaint against the city, the owners would have legal standing to challenge the emergency ordinance (see page 4 of the concurring and dissenting opinion).
  • Judge McCullough ruled that the governor lacks authority to fire the Executive Director of the Office of Open Records (Arneson v. Wolf). Judge McCullough based this ruling on legislative history and other considerations to ascertain the intent of the legislature in the absence of explicit statutory definitions of the governor’s powers. [see pages 1, 9, 11-1]
  • Judge McCullough in (Seda-Cog Joint Rail Auth. v. Carload Express, Inc.) Held (1) The Authority’s 7-3 vote, including the 6 abstaining directors, effectively awarded Carload the operating agreement. Found the common law applied to the word “present.” Accordingly, the members actually voting counted towards those “present.” The “Act” required a majority of members present at the meeting and the Authority’s RFP did not state contrary or additional requirements. Found the Authority could not change its requirements mid-process to requiring 9 votes. This requirement was contrary to the "Act" and the RFP submitted. Held (2) Carload could challenge the 9 vote requirement even though he did not contest it when announced. Held (3) that since the vote was effective that Carload had legal right to the operating agreement. 

See the American Family Association's voter guide on the Pennsylvania Supreme Court.

Patricia McCullough completed the PA Family Voter Survey.*

*Information received after the voter guide was published and was not considered in candidate evaluation.

QUESTIONNAIRE

VALUES

I agree with Critical Race Theory (CRT) which asserts that the institutions in the United States are fundamentally racist.

Choose not to answer

This issue has been raised across many areas and may come before the Commonwealth Court on which I have been a judge for 12 years. It could also come before the PA Supreme Court for which I am running. Judges are not permitted to opine on matters which may come before them. {All of my answers below are based on my oath to uphold the Constitution and be fair and impartial)

Judeo-Christian values established a framework of morality that is necessary for our system of limited government.

Agree

This was set forth by PA founder William Penn in his Frame of Government and Charter of Privileges (formed basis of U.S. Constitution) and by the Framers in establishing our limited form of government. If we are to maintain the framework for our limited system of government AS FRAMERS ESTABLISHED it, that would "include the values upon which they based it. Reaffirmed on U.S. currency- 1956 and national motto "In God We Trust," Declaration of Independence; Justice Blackstone's Commentaries, etc.

Briefly describe your spiritual beliefs and values.

(I will always uphold the Constitution and be fair and impartial.) I was raised in a faith based family and am a born again Christian Catholic. I believe in the sanctity of life, including the unborn. As a judge, the Old Testament Scripture, Micah 6:8, is especially important to me, "To do justice, love mercy and walk humbly with your God." In my life and career I have tried to incorporate the Biblical precepts of unity, love of God and neighbor. I have volunteered with very successful faith based programs that improve the system of justice, provide hope and healing to victims, those battling addiction, youth at risk, veterans, human trafficking, and that reduce the rate of recidivism. I have also volunteered with women's ministry to bring reconciliation and unity across ethnic, racial and denominational backgrounds. I speak at various faith based events and churches. I am inspired by William Penn's vision for PA as the Holy Experiment and his words which encircle the dome of our PA capitol, "There may be room there for such a Holy Experiment, for the nations want a precedent and my God will make it the Seed of a Nation, that an example may be set up to the nations, that we may do the thing that is truly wise and just." This is why Pennsylvania, the birthplace of the One Nation under God, is the keystone in the history of the U.S.. To me this is the call for all elected officials and the people, to be that Holy Experiment and do the thing that is truly wise and just.

What types of pro bono work have you done?

Pro bono work with various issues for those who could not afford an attorney. Also assisted non profits starting up with a mission to help others. Assisted with miscellaneous matters like student valedictorian who was told he could not pray at his graduation and community organizations.


ABOUT YOU

Have you ever been convicted of a felony or been penalized in either civil or criminal court for sexual misconduct? If so, please explain.

no

What education or experience qualifies you to hold the office for which you seek election?

I have served as a statewide appellate court judge in the Commonwealth Court of PA for over 12 years, handling complex issues and upholding the Constitution in matters that then go directly to the Supreme Court. I also served as a trial court judge when I was appointed by the governor with the unanimous consent of the state senate in 2005 to the Allegheny County Court of Common Pleas. I was a practicing attorney for 25 years in the private, government and corporate sectors. I was appointed by the PA Supreme Court as chair of the Appellate Court Procedural Rules Committee; served on the IOP committee, and the fiscal budget report committee. of the Commonwealth Court; served on and chaired a County Board of Appeal;, was an adjunct faculty member at University of Pittsburgh CGS; director of a faith-based social service agency; radio talk show host; received my B.A. from Univ. of Pgh. graduating magna cum laude; was a Chancellor's Undergraduate Teaching Fellow, member of honor societies- CWENS, Mortar Board and Omicron Delta Kappa; was a finalist for the Pitt Blue and Gold Award; All American Cheerleader; received my J.D. from the University of Pittsburgh School of Law, was an officer of the Student Bar Association and received a Senatorial Scholarship. My education and extensive experience, particularly serving as a judge on an appellate court for over 12 years handling Constitutional and complex matters, has fully equipped me for the Supreme Court

Why should the voters choose you?

We are facing a Constitutional Crisis. We need to elect a Supreme Court justice who can and will uphold the constitutional rights of the people. I have and will continue to do that. I offer three reasons why the voters should choose me; experience, the courage and conviction to uphold the Constitution and taking a stand for the people. I am the only candidate who is an appellate court judge with over 12 years of experience deciding complex and Constitutional matters that go directly to the Supreme Court, also served as a trial court judge and a practicing attorney for 25 years in the private, corporate and government sectors. I am ready to hit the ground running on day one in the Supreme Court. I have demonstrated the courage and conviction to uphold the Constitution, no matter what was popular and no matter the cost. Judges cannot say how they will rule, only that they will uphold the Constitution and be fair and impartial. But the people can look at my 12 year record as a statewide appellate judge and see that I have upheld the Constitution and their rights and freedoms. I do not legislate from the bench. Last year alone, I upheld the Second Amendment four times. Over the last two years I ruled in favor of limiting the governor's covid restrictions; was part of a small majority declaring the mail-in ballot law to be unconstitutional; presided over the Congressional Redistricting trial and upheld the right of the legislature to draw the map; opined that healthcare workers who are fired because they chose to wear a mask instead of take the covid vaccine should not lose their unemployment compensation benefits because exercising their medical right to self determination is not willful misconduct; and I am the only judge in the nation who in 2020 ordered the governor to stop certifying the presidential/congressional election due to the unconstitutionality of the mail-in ballot law. I have been threatened by people across the country and subject to false and misleading personal and professional ads. The cost of upholding our Constitutional rights today is high. But the cost of losing our sacred rights and liberties as a nation is even higher. The people can see that I have abided by my oath to uphold the Constitution of the United States and Pennsylvania to protect their sacred rights and liberties. I have taken a stand for the people. A controversial pay raise was passed in 2005 and although it was declared lawful, I did not take because the people did not like it. For the first ten years on my court I remitted money to the state treasurer for that raise until the amount reached around $10,000. I now give the money to programs that improve the system of justice. These are programs for veterans, youth at risk, drug addiction, reducing recidivism and human trafficking. The people need to vote like their future depends on it, because it does. I ask them to join me in continuing to uphold the Constitution by electing me to the Supreme Court. Let's keep our nation strong. "...a government of the people, by the people, for the people." In this time of constitutional crisis, you have to vote like your future depends on it, because it does. I have the experience, the courage and conviction to uphold the Constitution and have taken a stand for the people.

I voted in these primaries and general elections:

2012 Republican Primary 2012 General Election 2014 Republican Primary 2014 General Election 2016 Republican Primary 2016 General Election 2018 Republican Primary 2018 General Election 2020 Republican Primary 2020 General Election


JUDICIAL PHILOSOPHY

Justices should not interpret the federal and state constitutions as living documents, but should use a textualist and originalist approach to interpretation.

Strongly Agree

The Framers wrote the shortest and strongest document for freedom in the world. The standard for interpreting legal text is to apply the plain meaning of the language. This is called the originalist approach regarding the Constitution and textualist approach regarding legislation. The Framers established three separate but co-equal branches of the government. Judges are not to legislate from the bench.

What is the proper use of legislative history in interpreting statutory law?

Justice Scalia and Justice Thomas have expressed in their opinions it is not appropriate to rely on legislative history. As Justice Scalia said, "We are governed by laws, not the intentions of the legislature." Occasionally, a specific comment in legislative history might be highlighted to underscore an already drawn legal conclusion that was based on the plain meaning of the law. Bt this should not form the basis of interpretation of the plain meaning of the law.

Which current or past U.S. Supreme Court justice best reflects your judicial philosophy?

Justice Thomas and Justice Scalia

How should a court address the balance between public health and individual freedoms in the time of a pandemic?

The Bill of Rights contains fundamental rights such as freedom of religion and the right to privacy. Any public health regulation is therefore subject to strict scrutiny so as not to jeopardize those rights.

In light of the case Bostock v. Clayton County, in which the U.S. Supreme Court interpreted the 1964 Civil Rights Act to include a prohibition on sexual-orientation discrimination, which justice’s opinion most closely aligns with your own opinion?

As this issue may come into my court no further answer can be given at this time.

What role (if any) does a judge have in maintaining the separation of church and state?

The only role for a judge is to uphold the Constitution and apply the rule of law in a fair and impartial manner in the case before them. Justice Rehnquist noted in his dissenting opinion in Wallace that the Establishment Clause prohibits only government preference of a religion and included an interesting history of the development of the concept from a statement by Thomas Jefferson. The U.S. Supreme Court recently entered opinions in Carson and Kennedy which impact the Establishment Clause.

Religious liberty is at risk in the United States and deserves the highest level of protection in the law.

Strongly Agree

It is a fundamental right and is entitled to the protection of strict scrutiny of any infringement.

When should a judge overturn past court decisions?

Although courts normally follow the doctrine of stare decisis in rendering decisions, there are times when past precedent is overturned. If the decision is in conflict with the U.S. or state Constitution courts should overturn precedent. Also if there is a violation of law, misstatement of facts, change in facts.

How should a judge determine which rights are protected by the Constitution even though they are not specifically mentioned?

The Ninth and Tenth Amendments apply here

What legal principles should a court consider when evaluating parents’ objection to their child obtaining medical procedures or drugs designed to affirm the child’s desired gender?

That issue is currently before the courts and hence no further answer can be given at this time.

What principles should guide a court’s analysis of whether your state’s constitution gives terminally ill patients a right to assisted suicide?

The U.S. Supreme Court has held that terminally ill individuals do not have a constitutionally protected right to a physician's assistance to die. It was left to the state to decide. The Supreme Court also found that state laws prohibiting physician assisted suicide did not violate the Due Process or Equal Protection Clauses of the U.S. Constitution.

Would you describe your judicial philosophy as originalist, living constitutionalist, or something else?

originalist

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