High Stakes PA Supreme Court Retention Election: What's On The Line

PENNSYLVANIA — In an election that has garnered the attention of President Donald Trump, Pennsylvania voters go to the polls Tuesday to decide whether three state Supreme Court justices should be retained for another 10-year term.

Judicial retention elections usually are quiet affairs. Not this one. The ballot question of whether to retain Democratic justices David Wecht, Christine Donohue and Kevin Dougherty has drawn attention, political action committee money, and a barrage of TV commercials statewide.

The trio are the three members of the Democrats' 5-2 majority on the court. If voters decide not to retain them and Pennsylvania Gov. Josh Shapiro and the Republican-controlled state Senate cannot agree on appointments to replace them, a likelihood, the state's high court could have a 2-2 party deadlock until the 2027 election.

Wecht told NBC News on Friday that would be disastrous.

"It’s extremely hard to work with a shorthanded court,” Wecht said.

“I have experienced the six-member court, and a six-member court resulted in a lot of deadlocks and a lot of stalemates and a lot of increased work for the remaining six. That was just when we were one seat down with the court. If the court were to be three seats down, there would be a lot of 2-to-2 ties.”

The retention vote could impact next year’s midterm election, the 2028 presidential race and the next decade’s congressional redistricting. A highly populated swing state, Pennsylvania has a politically divided government that has resulted in disputes over election and other major legal issues.

Trump on Sunday weighed in on the matter on his Truth social media site, urging voters to reject retention of the three judges.

"There are three Radical Democrat Supreme Court Justices on the Ballot for a 10 year retention. Vote “NO, NO, NO” on Liberal Justices Donohue, Dougherty, and Wecht," he stated in a post.

"These activist Judges unlawfully gerrymandered your Congressional maps, which led to my corrupt Impeachment(s), and locked you up during COVID by closing your small businesses, schools, and churches. They let sex offenders out of prison, and ruled for Sleepy Joe Biden over and over, and interfered in the 2020 Election. It is time for Justice. Vote “NO, NO, NO" on retention of these woke Judges."

The Pennsylvania Bar Association has recommended retaining the three justices. Here's what the organization had to say about the trio:

Donahue

"Justice Donohue has distinguished her Supreme Court tenure as a jurist who is thorough and well-prepared for oral arguments, treats litigants respectfully, is smart and fair, and is attentive and engaged during oral arguments. The candidate is well-qualified, is of impeccable character, and possesses a fine judicial temperament that is well suited for the Supreme Court."

Dougherty

"The attorneys who appeared before Justice Dougherty describe him as attentive, smart, well prepared, open to consideration of differing perspectives with a temperament and demeanor that is respectful and professional. He writes opinions that are thoughtful, clear, concise and well organized. He is devoted to community service, promotes support for youth and promotes excellence and diversity in law enforcement."

Wecht

"The candidate gives careful consideration to oral arguments, and discharges his duties as a justice with fairness, equity, and respect to all. His opinions are well written and logical, often viewed as helpful and instructive. Justice Wecht possesses the legal ability, experience, integrity, intelligence, and work ethic to continue performing the duties of a Supreme Court Justice, and his judicial temperament is above reproach."