Pennsylvania Supreme Court Election: Democrats Fight for Retention

In the upcoming election on November 4, 2024, voters in Pennsylvania will determine the fate of three Democratic justices on the state Supreme Court. This election is crucial, as it could significantly impact the court’s composition and its role in vital issues such as voting rights, redistricting, and election laws. The justices—Christine Donohue, Kevin Dougherty, and David Wecht—are seeking to secure another ten-year term in what is being described as a high-stakes retention election.

Unlike traditional elections where candidates compete against one another, this retention election requires voters to decide whether to allow the current justices to continue in their roles. Their party affiliation will not be disclosed on the ballot, which adds a layer of complexity to this electoral process. The Pennsylvania Democratic Party, led by Chairman Eugene DePasquale, has identified educating voters about the retention vote as a critical priority, emphasizing the need to mobilize support during a pivotal election period.

While the spending in this election is not as monumental as the record-breaking $100 million in Wisconsin’s recent Supreme Court race, it is significant. Reports indicate that spending in Pennsylvania is on track to surpass $10 million, fueled by contributions from various groups, including trial lawyers and labor unions supporting the justices. In contrast, funds opposing the justices include substantial backing from billionaire Jeffrey Yass, who has a history of financing Republican campaigns.

Potential Consequences of the Election

The stakes are high, as a loss for the Democratic justices could lead to a 2-2 partisan deadlock on the court, impacting its ability to make decisions on crucial issues leading up to the 2026 midterm elections. This scenario could hinder the court’s capacity to resolve cases related to voting and election laws during a time when significant races, including the governor’s office and several congressional seats, will be contested.

Historically, the Pennsylvania Supreme Court has played a decisive role in election-related matters. In 2018, the court invalidated a congressional district map drawn by Republicans, deeming it unconstitutional due to gerrymandering. More recently, the court upheld the state’s vote-by-mail law, which was a focal point for Republican efforts to challenge the outcome of the 2020 presidential election.

With the election approaching, the justices are actively campaigning across the state, receiving endorsements from organizations such as Planned Parenthood and labor unions. Their campaign messaging focuses on their record of defending voting rights and access to abortion, portraying themselves as protectors against influential interests. A recent advertisement highlights their commitment: “We protected access to abortion and your right to vote, even when the powerful came after it.”

Opposition Campaign Strategies

On the opposing side, Republicans are intensifying efforts to sway voters with messages suggesting that a decade on the court is sufficient. Their advertisements are strategically targeting registered Democratic voters, utilizing anti-establishment rhetoric that resonates with progressive sentiments. One advertisement states, “This fall you can defend democracy and force an election for a new Supreme Court,” and is particularly prevalent in Philadelphia, a stronghold for Democrats.

The Republican strategy also includes misleading claims, with flyers accusing the justices of creating the gerrymandered districts they actually overturned. This tactic aims to confuse voters and undermine the justices’ credibility. The campaign from Republican-oriented groups has received substantial funding, with reports suggesting that Yass-affiliated entities are behind a significant portion of the financial support.

Both the Democratic National Committee and the Republican National Committee have recognized the significance of this election, with each committing $500,000 to their respective campaign efforts. The Republican State Leadership Committee has also reported spending roughly $500,000 on digital advertisements and outreach initiatives, aiming to encourage voters to reject the justices’ retention.

As the election nears, the outcome in Pennsylvania will not only influence the state Supreme Court’s direction but could also set the stage for broader political implications across the Commonwealth and beyond. The stakes are undeniably high, with national party interests increasingly involved and a future filled with uncertainty hanging in the balance.