Republicans are stepping up their campaign to challenge the Democratic majority on Pennsylvania’s Supreme Court, viewing the upcoming November elections as a pivotal moment to reshape the judiciary’s composition. The retention races for three Democratic justices—Christine Donohue, Kevin Dougherty, and David Wecht—are at the center of this effort, with Republicans asserting that the court’s controversial rulings on pandemic lockdowns and election rules have generated enough public dissent to make the outcome uncertain.
These retention elections, which allow voters to vote yes or no on whether to retain existing justices, are shaping up to be one of the most expensive in Pennsylvania’s history, with over $8 million raised by outside groups and candidates. This financial influx has drawn attention from national media outlets and highlighted the growing influence of organized political action. Activists like Scott Presler, who leads the political action committee Early Vote Action, are leveraging a large team of full-time staff to mobilize voters and encourage turnout, particularly after securing a major donation from tech billionaire Elon Musk.
The election is not only a test of judicial independence but also a potential political battleground in the state. A Franklin and Marshall College poll recently indicated that each of the three Democrats held a 10% or greater lead among likely voters, although the poll also revealed that a significant portion of registered voters remain undecided, underscoring the critical role of ongoing campaigning in swaying opinions. Presler’s campaign is also incorporating emotional appeals, such as commemorating the late Charlie Kirk, who passed away in 2024, with reminders of his birthday as part of their voter engagement strategy.
Despite the intense competition, the odds of a Supreme Court justice losing a retention race remain exceptionally low, as only one justice—Russell Nigro—has ever been voted out of office. Nevertheless, the stakes are high, with the potential for shifting the balance of the court and altering the trajectory of future legal interpretations. If any of the three Democrats lose their retention races, Pennsylvania’s Democratic Governor Josh Shapiro could temporarily appoint replacements, though these selections would require Senate confirmation from a GOP-controlled body. This situation highlights the broader implications of judicial elections, where the outcomes can have far-reaching effects on civil rights, governance, and public policy.