PHILADELPHIA—On Nov. 4, Pennsylvania voters will have the opportunity to vote on the retention of three state Supreme Court justices: Christine Donohue, Kevin Dougherty, and David Wecht.
Unlike those on the U.S. Supreme Court, Pennsylvania Supreme Court justices do not hold lifetime terms. Every ten years, Pennsylvania conducts a nonpartisan vote with the option for Pennsylvanians to cast “yes” or “no” ballots on retaining justices.
Though candidates will be listed on the ballot without a political party affiliation, all three candidates up for retention this year were elected as Democrats in 2015, ensuring a Democratic majority ever since. The Pennsylvania Supreme Court’s seven-judge body currently has five Democrats and two Republicans.
Thanks to that liberal majority, the Pennsylvania Supreme Court has protected citizens’ right to vote on several occasions. In 2018, the court overturned the state’s congressional map for unconstitutional gerrymandering and assisted in the selection of the new map amidst political deadlock. The court also ruled against Donald Trump’s claims of election fraud in 2020 and upheld the state’s law allowing no-excuse mail-in voting in 2022.
Beyond the ballot box, the current state Supreme Court has issued other consequential rulings. In 2020, justices ruled that Uber drivers were not independent contractors but direct employees of the tech giant, opening up legal pathways for greater workplace protections and regulations. In 2023, the court found the state’s underfunding of poor school districts violated the Pennsylvania state constitution.
Perhaps most importantly in a post-Dobbs America, the Supreme Court has protected the right to an abortion in Pennsylvania. They rule that abortion restrictions amount to unconstitutional sex discrimination; however, a direct challenge to whether the right to an abortion itself is protected under the State Constitution has yet to be decided.
The Pennsylvania State Education Association (PSEA) has encouraged supporters of public schools and workers’ rights to vote “yes” on retaining Donohue, Dougherty, and Wecht, noting that the state Supreme Court “has a significant impact on issues that impact public education and public school employees, such as school funding, public employee pensions, union protections, democracy and fairness.”
Backed by national funding, the Republican State Leadership Committee has, predictably, announced a campaign to convince Pennsylvanians to vote “no” in November.
Progressive organizations warn that the retention of a Democratic majority in the Pennsylvania Supreme Court is critical to ensure the future of democracy and human rights in the state. They say it is crucial that Pennsylvanians get to the polls on Nov. 4 and vote “yes.”
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