Ten years ago, Pennsylvania voters made history by electing three new justices to the state Supreme Court in a single election. Now, those same three justices—Christine Donohue, Kevin Dougherty, and David Wecht—face retention votes in an election that’s shaping up to be unlike any before. The stakes? Control over major policy decisions and the potential to reshape the court’s ideological balance for years to come.
A High-Stakes Retention Election
Unlike traditional judicial elections, Pennsylvania’s system allows sitting justices to stay on the bench through a simple “Yes” or “No” retention vote. Historically, these elections have been low-key affairs, with most justices retaining their seats without much opposition. But this year, things are different.
If one or more of the three justices fail to secure a majority vote, their replacements will be chosen in a contested election. That could open the door for Republicans to chip away at the court’s 5-2 Democratic majority, potentially shifting decisions on redistricting, reproductive rights, and other key issues for the next decade.
“Retention elections usually fly under the radar, but this one is a different animal,” said public affairs strategist Larry Ceisler. “The stakes are just too high for either party to sit this one out.”
National Money Floods In
The fight over Pennsylvania’s Supreme Court seats isn’t just a state issue—it’s drawing national attention and big money from both sides of the aisle.
- A GOP-backed group told donors it plans to invest seven figures in Pennsylvania’s judicial elections, along with a similar effort in Wisconsin, where a liberal 4-3 majority is on the line.
- Democrats have also flagged Pennsylvania’s retention votes as critical, with groups like the Democratic Legislative Campaign Committee (DLCC) committing resources to keep the court blue.
This influx of cash is nothing new. The 2015 Pennsylvania Supreme Court race shattered records at the time, with $16 million in spending. The 2023 election topped that, with more than $22 million spent, primarily centered around abortion rights. And in Wisconsin, a single Supreme Court seat drew an eye-popping $51 million in spending.
Why It Matters
Pennsylvania’s highest court plays a crucial role in shaping the state’s legal landscape. With several high-profile cases on the horizon, the outcome of this election could have far-reaching consequences.
- Redistricting Battles: The court could influence congressional maps that shape the balance of power in Washington after the 2030 Census.
- Reproductive Rights: Recent rulings have reinforced protections for abortion access, but a shift in the court’s makeup could change that.
- Election Laws: With Pennsylvania being a swing state, any legal battles over voting rules and election integrity will likely end up before the Supreme Court.
“These judicial elections are about much more than the justices themselves,” said Lauren Cristella of the Committee of Seventy, a nonpartisan watchdog group. “They determine who gets a say in some of the most important political fights in Pennsylvania for years to come.”
Will Voters Pay Attention?
Despite the high stakes, judicial retention elections don’t typically draw the same level of voter engagement as gubernatorial or Senate races. Turnout for off-year elections tends to be lower, and many voters don’t fully understand how retention votes work.
That’s why advocacy groups on both sides are ramping up outreach efforts. Some organizations are using digital ads and mailers to educate voters on why these elections matter. Others are focusing on mobilizing key constituencies, such as labor unions and conservative grassroots organizations.
The challenge, according to political analysts, is cutting through the noise. “Judicial races don’t get the same media coverage as other elections, so it takes a lot more work to get voters engaged,” Ceisler said. “But when you’ve got millions of dollars pouring in, people will start paying attention.”
With election season heating up, Pennsylvania’s Supreme Court retention votes could become one of the most closely watched judicial elections in the country. Whether voters choose to maintain the status quo or shake things up, the results will reverberate far beyond 2025.
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