The stakes are high in the Pennsylvania Supreme Court elections
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Three Pennsylvania Supreme Court justices up for retention next week have brought national attention and a massive funding boost to typically low-profile elections.
Why it matters: The nonpartisan elections could reshape the state's highest court — which has been a battleground for divisive issues such as mail-in voting, gerrymandering and Philly's soda tax.
The big picture: Democrats currently hold a 5-2 majority on the state Supreme Court.
- While their party won't be listed on the ballot, the trio up for retention votes — Christine Donohue, Kevin Dougherty and David Wecht — ran as Democrats when they were first elected in 2015. They flipped control of the state's high court.
- And now Republicans are pushing to get them out.
By the numbers: State and national groups had dumped about $7 million toward the Supreme Court retention elections as of late September, per the Inquirer.
- Meanwhile, the three justices were on track last month to break previous fundraising records for Supreme Court retention elections, per the outlet.
What they're saying: "Judges shouldn't have to campaign," Debbie Gross, president and CEO of nonpartisan nonprofit Pennsylvanians for Modern Courts, tells Axios.
- "They are not politicians. Bringing money and parties into this is very concerning."
✅ How it works: If voters keep them on the bench, they'll serve another 10-year term.
- Caveat: Donohue would serve only until 2027, when she turns 75, which is the mandatory retirement age.
❌ If voters reject them: They're booted in January, and the seats will likely remain vacant through the 2027 election.
- That would leave a four-member court — two Democrats and two Republicans.
- The result: Split decisions are more likely.
The intrigue: Filling Supreme Court vacancies is possible.
- Gov. Josh Shapiro could appoint a temporary replacement with a two-thirds majority in the Senate. However, it's unlikely the GOP-controlled Senate would approve the Democrat leader's appointment.
- A temporary judge can be appointed when "extraordinary circumstances warrant" it or when a four-member quorum can't be reached, like if justices recuse themselves, per the court's procedures.
Reality check: Losing a retention vote is rare.
- Only one statewide judge has lost retention since 1968, per Spotlight PA.