Democrats maintained their 5-2 majority following the Nov. 4 Pennsylvania Supreme Court retention vote.
All three judges up for retention survived the up-or-down vote in the key swing state, each winning with over 61% of the yes vote.
Pennsylvania judges and justices are required to go through a retention vote every 10 years. This retention vote has voters choose “yes” or “no” to keep them on the bench. These elections usually garner lower interest and turnover. The only judge to lose their seat on the bench since 1968, when the state constitution was last updated, was Supreme Court Justice Russell Nigro in 2005.
This election cycle saw more attention and money poured into ads by both parties than in previous elections for the state Supreme Court. Democrats spent over $13 million on TV ads since Oct. 1, while their counterpart spent around $2.8 million on their ad campaign.
The last retention vote for the state court was in 2017 for Justice Thomas Saylor. Expenditures for that race did not exceed the $1 million mark, totaling just $850,000.
Justices Kevin Dougherty and David Wecht will remain on the bench and are granted 10-year terms. Justice Christine Donohue can only serve until 2027 due to the mandatory retirement age for justices at 75.
Other support for retaining the judges came from top democrats such as PA Governor Josh Shapiro, appearing in a video telling voters to vote yes on retaining the justices.
“Vote YES to retain three justices who will protect your fundamental rights and freedoms,” former President Barack Obama said in a post on X.
Two days before the election, Trump came out on Truth Social, urging voters to vote “no” on all three judges. He expressed his opinion, saying the judges are “Radical Democrat Supreme Court Justices,” before concluding with encouraging voters to “Vote NO, NO, NO on retention of these woke Judges.”
The next retention vote will take place in 2027. Chief Justice Debra Todd and Justice Sallie Mundy will be on the ballot for the “yes” or “no” vote. Donohue’s seat will be up for grabs in 2027 as well, unless she retires before the mandated retirement deadline, which would lead to an interim judge appointed by Governor Shapiro, who must be voted in by two-thirds of the state senate.
