Democrats Invest Heavily in Pennsylvania Supreme Court Race

Democrats and their allied organizations are significantly increasing their financial efforts in the Pennsylvania Supreme Court election, with total spending expected to surpass $15 million. This surge in funding comes during the final week of campaigning, reflecting concerns about a Republican push to unseat three Democratic justices. The election on November 7, 2023, has the potential to reshape the highest court in a crucial presidential battleground state.

The stakes are high as the outcome will impact not only the upcoming midterm elections but also the 2028 presidential race and future congressional redistricting. In recent years, Pennsylvania’s politically divided government has resulted in numerous disputes over election laws, often escalating to the courts. The justices in question—Christine Donohue, Kevin Dougherty, and David Wecht—are seeking retention for another term of up to 10 years, with voters deciding through a simple yes-or-no ballot.

Retention elections are typically nonpartisan, yet Donohue expressed her astonishment at the overt partisanship of this campaign. “This is extraordinarily unusual,” she stated. The Pennsylvania Supreme Court currently holds a 5-2 Democratic majority, but a defeat for the Democrats could lead to a 2-2 ideological split for the next two years, potentially stalling important judicial decisions, especially regarding voting and election-related cases.

While spending in this election is significantly lower than the over $100 million spent in Wisconsin earlier this year, the financial stakes underscore the increasing importance of state court races. These courts play a critical role in determining redistricting disputes, lawsuits over voting rights, and addressing contentious issues such as abortion.

In a show of solidarity, Donohue and her fellow justices have been actively participating in Democratic Party events and get-out-the-vote initiatives. Ken Martin, the Democratic National Committee chairman, has been touring Pennsylvania to rally support. At a Democratic gathering in Lancaster County, Martin warned that Republicans aim to consolidate power through the courts, stating, “This isn’t just about Pennsylvania… If they win here, you can bet your bottom dollar they bring this in every single state around the country.”

Democrats are poised to outspend Republicans by a ratio of up to 4-to-1, with a barrage of television ads countering Republican messaging. These ads emphasize the justices as defenders of abortion rights, union rights, and voting rights, receiving support from labor unions and organizations like Planned Parenthood.

Despite the urgency, Democrats have expressed concern over Republican strategies aimed at persuading voters to “term limit” the justices by voting no. This messaging has been crafted to resonate with sentiments typically associated with the Democratic platform, such as “no kings” and “defend democracy.” Additionally, there has been a concerted effort to educate voters on the nature of retention elections. Local Democratic leaders reported a shift in morale as canvassers have successfully informed voters about the implications of their choices.

In a recent television advertisement, Governor Shapiro highlighted the importance of the justices, stating they “have proven that we can count on them to protect a woman’s access to abortion and birth control, and stand up for all our freedoms.” As Election Day approaches, Democrats are maintaining their campaign momentum, with planned events including a motorcade led by Philadelphia labor leaders and Mayor Cherelle Parker to further promote the justices’ campaigns.

The Republican Party has not prominently featured former President Donald Trump in their campaign efforts, although his influence remains palpable. A Republican-aligned advertisement has positioned the election as an opportunity to “help President Trump to term limit three woke Pennsylvania Supreme Court justices.” Republican state chairman Greg Rothman defended the push for a “no” vote, stating, “Retention shouldn’t be automatic. Otherwise, why even have it?” He acknowledged that voter sentiment could be swayed by ongoing political issues, including a prolonged state budget stalemate.

As both parties ramp up their efforts, the outcome of this election could have profound implications, not just for Pennsylvania but for the broader political landscape in the United States. The Pennsylvania Supreme Court race has become a battleground in the ongoing ideological struggle, with both sides keenly aware of the stakes involved.