10:13FILE – A sign affixed to a door at the Commonwealth of Pennsylvania's High Court is seen at the Capitol building in Harrisburg, Pennsylvania, Feb. 21, 2023. (AP Photo/Matt Rourke, File)Matt Rourke/AP
A usually understated contest for seats on the Pennsylvania Supreme Court, which will determine if three sitting Democratic justices are afforded another decade on the bench, is garnering interest from all across the political landscape, amidst conjecture about the court’s potential influence in the key state as the 2028 presidential contest approaches.
Pennsylvania Gov. Josh Shapiro urges constituents to "vote yes" to keep Justices Christine Donahue, Kevin Dougherty, and David Wecht in a recently released video commercial.
"Here in Pennsylvania, the threats to our freedoms are very real. That's why we need to keep our state Supreme Court standing up for what's right," he stated in the video, further noting that the justices will "protect a woman's access to abortion and birth control and stand up for all our freedoms."
Pennsylvania Gov. Josh Shapiro (D) participates in an interview with Washington Post journalist Colby Itkowitz at the Pennsylvania State Capitol on June 11.Photo by Peter W. Stevenson/The Washington Post via Getty Images
The justices don’t have any adversaries. Instead, constituents will just answer "yes" or "no" to the question of whether they desire the three incumbents to continue serving on the state's paramount court.
Voters usually respond in the affirmative in these retention elections. Indeed, only a single justice in Pennsylvania has ever failed to win a statewide retention vote; this occurred in 2005.
Typically, these off-cycle elections remain inconspicuous. However, this specific contest may have nationwide effects as it holds the possibility of swaying the 2028 presidential race — notably, given the expectation that the state’s supreme court will oversee matters such as voting-related lawsuits and the drawing of electoral districts.
Donohue, Dougherty, and Wecht were each chosen in 2015, giving the Pennsylvania Supreme Court a 5-2 Democratic advantage. Should voters decline to retain them next month, the court would be evenly divided with a 2-2 split.
Even though Pennsylvania’s Democratic governor would then put forward a temporary justice, the nominee would need the approval of two-thirds of the state Senate, which is controlled by Republicans.
Afterward, a partisan election would be conducted in 2027, possibly enabling Republicans to overturn the high court’s makeup, thereby establishing a favorable position for themselves leading up to the 2028 presidential race.
FILE – A sign affixed to a door at the Commonwealth of Pennsylvania's High Court is seen at the Capitol building in Harrisburg, Pennsylvania, Feb. 21, 2023. (AP Photo/Matt Rourke, File)Matt Rourke/AP
Besides the fact that Pennsylvania is an essential swing state, it has similarly been front and center in crucial voting-related court proceedings. For instance, the state’s supreme court broadened the deadline for mail-in votes in 2020, thus enabling thousands more ballots to be counted during that year’s presidential contest.
This year’s judicial election comes as attempts at realigning electoral districts continue across the nation. Back in 2018, the Pennsylvania court annulled congressional districts formulated by Republican legislators, which represented a triumph for Democrats prior to that year’s midterm elections.
Stressing the value of this election, Democratic National Committee Chair Ken Martin expressed in a statement that "the stakes couldn’t be higher in these judicial retention races, especially in the run-up to winning back the White House in 2028."
Republicans are likewise discussing the significance of the election. They have introduced an informational website known as Swamp the Vote USA that is paid for by the Republican National Committee, informing voters that "President Trump and Republicans need YOU to make a plan to vote NO on retaining Pennsylvania’s radical left Supreme Court justices."
Earlier in the year, the Wisconsin Supreme Court election smashed the record as the most costly state high court race with over $100 million being spent. During that contest, Elon Musk famously doled out multiple $1 million checks to those attending a town hall, supporting a conservative contender who was later defeated.
However, while spending on the Pennsylvania race is expected to be a much smaller fraction of the amount spent in Wisconsin, with the Brennan Center for Justice projecting it to be just over $5 million, some argue that the stakes are even greater.
The Pennsylvania Republican Party wrote on X Monday that "Pennsylvania’s Supreme Court has long played an outsized role in shaping our elections, especially on mail ballots and election law," asserting that "unchecked judicial overreach" has occurred during the current bench’s tenure. "Vote NO on retention and demand a court that respects the people’s voice, not political agendas."
"This is the most pivotal judicial retention in our state’s history. MAGA billionaires are trying to buy Pennsylvania’s Supreme Court, and if they are successful, Pennsylvania’s reproductive rights, voting rights, and workers’ rights will all be at risk," Pennsylvania Democratic Party Chair Eugene DePasquale said in a statement to ABC News. "For the people that thought the Wisconsin Supreme Court race earlier this year was important, this race is that, but on steroids."
Sourse: abcnews.go.com
