HARRISBURG — A national political group is spending tens of thousands of dollars to urge voters to reject new terms for three Pennsylvania Supreme Court justices. The outcomes of these yes-or-no retention elections could open a path to flip the court from Democratic control.
The Republican State Leadership Committee (RSLC), which helps fund state-level GOP candidates, has spent at least $85,000 on digital ads through Meta and Google as of Sept. 8. These ads ask viewers to vote “No in November,” request a mail ballot, and stop “radical liberal judges” from securing “another decade of power.”
“This is a political consultant's dream, because your message is just one thing, and that's ‘No,’” GOP political consultant Christopher Nicholas previously told Spotlight PA.
Retention elections are usually sleepy affairs in which judges handily win new terms. Just one statewide judge has lost — Supreme Court Justice Russell Nigro in 2005 amid widespread grassroots discontent with state government.
The justices asking for additional terms — Christine Donohue, Kevin Dougherty, and David Wecht — were elected as Democrats in 2015, helping flip the court from Republican control. The court’s new liberal majority has ruled on high-profile issues including mail ballots, redistricting, and pandemic-related health measures.
The Pennsylvania Bar Association, a nonpartisan trade group for lawyers that often evaluates judicial candidates’ qualifications, has recommended all three for new terms.
But the Republican Party and groups that support it are highlighting rulings on “COVID lockdowns” and “election chaos” in an effort to defeat them, while also framing these races as a way to support President Donald Trump’s agenda.
Shanin Specter, a Philadelphia trial lawyer and donor to candidates from both major parties, told Spotlight PA that Republicans' push to politicize retention elections would lead justices to start “looking over their shoulders” as they try to interpret the law.
“I've been through a lot of retention elections … and I've never seen an effort like this before, and it calls into question whether our right to impartial justice is going to be upheld,” said Specter, who is the son of the late U.S. Sen. Arlen Specter.
If a justice loses their retention race this November, they must vacate their seat at the end of the year. Democratic Gov. Josh Shapiro would be able to appoint a temporary justice, but that person would need approval from the state Senate, which is currently controlled by Republicans.
That means any vacant seats are likely to stay that way until after the judicial election in 2027.
Spending in this year’s election is just beginning to emerge. Campaign finance reports, out later this month, will more comprehensively detail spending by political parties, super PACs, and other special interest groups and billionaires.
In a statement, Mason Di Palma, communications director for the RSLC, said that defeating the three justices would “spur a seismic momentum shift in Pennsylvania that would create an opening for more conservative policy victories in the state.”
RSLC is financed by traditional GOP donors, including energy companies, banks, business trade groups, and advocates for alternatives to public schools.
“The stakes are high and we know this will be an uphill battle, which is why it's essential that more conservatives get engaged in this fight down the stretch,” he added.
Flipping the court is not as simple as successfully getting voters to pick “no” this fall.
Republicans need at least two Supreme Court seats to be on the 2027 ballot. At least one will be, regardless of the outcome this November. Donohue, one of the justices up for retention in 2025, will face mandatory retirement in 2027 because of her age.