Current Affairs

Court races in Pennsylvania are usually sleepy. This year, they are attracting millions in spending.



Three Pennsylvania Supreme Court justices are scheduled to vote next month in a vote that typically flies under the radar and could have far-reaching implications in the critical battleground state.

The justices — Christine Donohue, Kevin Dougherty and David Wecht, all supported by the Democratic Party — face up-or-down “retention” elections, meaning voters choose whether to keep them on the court for another 10 years.

Few Pennsylvania judges have lost their jobs this way. But with Democrats’ 5-2 Supreme Court majority in jeopardy ahead of the 2026 and 2028 elections, a retention vote this year is attracting significant money and attention. If all three justices lose, the Pennsylvania Supreme Court could be deadlocked 2-2 until the end of 2027.

“This is without a doubt the most important retention election in Pennsylvania’s history,” said Eugene DePasquale, Chairman of the Pennsylvania Democratic Party. “Reproductive freedom, free and fair elections, quality education, a clean environment — they’re all on the ballot.”

Here’s how the retention race works: Pennsylvanians cast a “yes” or “no” vote for each judge, who is listed without party affiliation. If voters choose not to retain any or all of the justices, the state’s Democratic governor and two-thirds of the Republican-controlled state Senate would need to agree on interim appointments until new justices are elected in 2027. But if they can’t agree, any open seat will remain vacant until the first Monday in January 2028.

The Pennsylvania Supreme Court has decided several major cases in recent years, especially regarding elections in the crucial swing state. The Democratic-controlled court threw out the gerrymandered congressional map in 2018 and upheld the mail-in voting law four years later. Last year, Democratic justices overturned precedent upholding Medicaid’s ban on coverage of abortions.

Now, national Democrats are warning that a dysfunctional Supreme Court could leave a lower court to decide major election cases in next year’s midterm elections.

“The Republican plan here is to put the Supreme Court in a position where it can’t do its job, and then get support from the more conservative Commonwealth Court that will ultimately have the final say as we head into the midterm elections,” said Malcolm Kenyatta, vice chairman of the Democratic National Committee.

A New Franklin and Marshall Survey It found that all three justices had double-digit leads among likely voters, but large swaths of voters were undecided.

Groups on both sides have already spent nearly $5 million on ads before the Nov. 4 election, according to data from AdImpact, a political ad tracking company. The Yes campaign — led by state and national Democrats — has spent twice as much as those advocating for retaining the judges, and has already planned an additional $1.2 million. DiPasquale said he expects spending on both sides to reach $10 million, a much larger amount than in past years.

Pennsylvania Gov. Josh Shapiro, who is up for re-election next year and is seen as a potential 2028 Democratic presidential contender; Featured in an advertisement This week on behalf of the Yes campaign.

“Here in Pennsylvania, the threats to our freedoms are very real,” Shapiro says in the ad. That’s why we need to keep our state Supreme Court upholding what’s right.

The judges campaigned across the state and appeared in a syndicated television ad late last month.

“We protected access to abortion. And your right to vote. Even when the powerful came afterward,” the three justices said. he said in the ad.

The letter is cautious, as they do not seek to suggest how they will rule on future issues.

“They’re constrained by judicial ethics, so we have to do a lot of this for them,” DiPasquale said.

Meanwhile, the Republican State Leadership Committee and conservative groups associated with billionaire businessman Jeffrey Yass’ Commonwealth Partners have come out in support of a no vote.

“Stand up for democracy,” says a digital ad funded by one such committee called Citizens for Term Limits, engaging in the kind of messaging Democrats have used in recent years. “This fall, it’s time for partisan Supreme Court term limits. Vote no, no, no.”

One digital ad aired last month from the RSLC urged voters to request their mail-in ballots and vote no.

“In 2024, we voted by mail and flipped Pennsylvania red. This year, radical liberal judges are trying to secure another decade of power, and we need to stop them,” the ad says, referring to Republican victories in Pennsylvania’s presidential and Senate races last year. “Show back. Vote NO in November. Request your ballot at NOinNovember.com.”

Sent from another group funded by Yas It made headlines Last month for criticizing the justices over redistricting, with a photo of the congressional map that the court had thrown out because Republicans had manipulated it in violation of state laws. (After state lawmakers were unable to agree on an alternative map, the courts implemented a map drawn by an outside expert.)

RSLC, Jeffrey Yass and Commonwealth Partners did not respond to requests for comment.

Christopher Nicholas, a veteran Republican consultant in the state, said political dynamics make this an unprecedented election year. He also noted that there are more registered Republicans in the state than there were during the 2015 judgeship election, which could give the “no” campaign a boost.

“It is rare that no justice is served,” he said. But “we’ve never had an organized, funded vote, and we’ve never made any effort here.”

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