You may have heard about the rematch in the Philadelphia District Attorney’s race that voters will decide in the November general election.
But did you know there will also be an arguably even more important vote related to the legal system?
Three Pennsylvania Supreme Court justices have reached the end of their first, 10-year terms, and are up for retention — non-partisan, up-or-down votes that decide whether they get another term or have to step down.
Only one Supreme Court justice has ever failed to be retained since the current system for selected judges was adopted in 1968. But some Republican activists are campaigning for the unseating of the three justices, who are all Democrats, and the election is garnering more attention than retention votes usually do.
Here’s a quick primer on the issues in the upcoming election.
Controversial pandemic-era rulings
The three justices up for retention this year are Christine Donohue, Kevin Dougherty and David Wecht. They were elected as part of a Democratic “sweep” a decade ago, resulting in a 5-2 Democratic majority on the court.
Dougherty, from South Philadelphia, previously served in the city’s Court of Common Pleas. He’s the brother of former Philadelphia union leader John Dougherty, who is in federal prison after a corruption conviction in 2023.
Donohue, from northeast Pennsylvania, and Wecht, a Baltimore native who lives in the Pittsburgh area, were Superior Court judges before being elected to the top court.
Over the past decade, the Supreme Court has issued several rulings that were criticized by Republicans or conservative activists. They include a 2018 order striking down a congressional map that was allegedly gerrymandered to favor Republicans, a ruling related to pandemic lockdowns, and several voting- and ballot-related decisions.
GOP activist Scott Presler, of the group Early Vote Action, has targeted the three justices as part of his effort to “flip Pennsylvania to a red state.” He criticizes decisions that extended mail ballot deadlines and excluded the Green Party from the ballot ahead of the 2020 presidential election, as well as a ruling that favored Gov. Tom Wolf’s closures of business during COVID.
A national organization, the Republican State Leadership Committee (RSLC), has also spent at least $85,000 on digital ads through Meta and Google to urge “no” votes on retention, Spotlight PA reported.
“The liberal majority of the PA Supreme Court locked us down during COVID, disrupting our lives, our businesses, and our children’s education,” the Pennsylvania GOP posted on X/Twitter. “Not even Saquon Barkley gets a 10 year contract, but these woke justices want to disrupt our lives for another decade?!”
Justices say they’re non-partisan on the bench
Those arguing for “yes” votes include progressive groups like Planned Parenthood, which says replacing the justices with a Republican court majority could prompt new legal challenges to abortion rights in the state.
The judges’ supporters and good-government advocates say claims that they have been partisan in their rulings are wrong, and they’re urging voters to reject what they describe as efforts to politicize the court. The Pennsylvania Bar Association recommends they be retained.
“Robes that these judges and justices wear are black, they’re not red, they’re not blue,” Kadida Kenner, of the progressive New Pennsylvania Project, told WITF. “Justices and judges wear black robes for the people, not for the political parties.”
At a forum hosted by the Committee of Seventy on Sept. 8, Donohue, Dougherty and Wecht sought to downplay their partisan affiliations and stressed the judiciary’s independence.
“Our personal opinion, our personal views, our political views, our religious views are left on the wayside. They have absolutely nothing to do with the manner in which we can decide cases and do decide cases,” Donohue said.
A justice who loses a retention race would vacate their seat at the end of the year. Gov. Josh Shapiro could appoint a temporary justice, but would need approval from the Republican-controlled state Senate, meaning vacant seats could remain so until the next judicial elections in 2027.
In addition to Supreme Court contest, voters will also weigh in on a few other judicial elections in November.
Superior Court Judge Alice Debow and Commonwealth Court Judge Michael Wojcik, both Democrats, are also up for retention.
Republican Maria Battista, Democrat Brandon Neuman and Liberal Party candidate Daniel Wassmer are vying for an open Superior Court seat. For Commonwealth Court, the candidates are Democrat Stella Tsai and Republican Matthew Wolford.
Philadelphia voters will also elect new slates of Municipal Court and Court of Common Pleas judges.
