Pennsylvania voters will have the opportunity to influence the Supreme Court’s makeup this November during a significant election for three of the seven seats on the court.
Currently, Democrats maintain a 5-2 majority. However, Republicans believe that recent contentious rulings regarding COVID-19 measures and election regulations have energized their base, potentially jeopardizing Democratic dominance.
Three justices—Christine Donahue, Kevin Doherty, and David Wecht—who were heavily elected in 2015, are now seeking to retain their positions in the upcoming election scheduled for November 4.
This election is categorized as a Remain race, allowing voters to decide if each judge should keep their seat. It has garnered significant national focus, and the financial backing has been extraordinary. Since the previous Trump administration, investments have poured in—especially following a major loss for Republicans in the Wisconsin Supreme Court race in April. The Pennsylvania election is now noted as the most expensive retention election in state history, exceeding $8 million in fundraising and spending from outside groups and candidates.
The influence of Trump is palpable in this electoral battle, even though he himself won’t be voting. His presence is expected to loom large over the forthcoming 2025 election.
Regarding justices, Pennsylvania Supreme Court terms last for ten years, with the possibility of consecutive terms but requiring retirement at age 75. Donahue, for instance, is nearing that age at 73.
If any justices were to lose their positions, Democratic Governor Josh Shapiro could appoint temporary replacements until the next election in 2027, pending approval from the Republican-controlled state Senate.
Scott Pressler, who leads the Early Vote Action political action committee, mentioned that his team, consisting of over 20 full-time staffers, is dedicated to “challenging the status quo” by encouraging voter participation in Pennsylvania. His voter registration initiative has even drawn a $1 million contribution from Elon Musk ahead of the 2024 election.
Despite the high stakes, the justices’ chances of losing retention elections appear low historically, with Russell Nigro being the only justice to ever lose a retention vote back in 2005 due to public backlash over judicial salary increases.
A recent Franklin & Marshall University public opinion poll indicated that all three Democratic justices are leading by at least 10 percentage points among likely voters. Nonetheless, a significant portion—about half—of registered voters are still undecided on their votes, highlighting the ongoing need for effective campaigning.
Pressler’s campaign, set to focus on Bucks County, aims to send out 100,000 text messages to celebrate what would have been the 32nd birthday of the late Charlie Kirk. Pressler noted their efforts include distributing stickers commemorating the occasion, showcasing both a message of voting and a tribute to Kirk.
