pennsylvania supreme Court Races Could Tilt State’s Future, Advocates warn
HARRISBURG, PA – A pivotal election for three seats on the Pennsylvania Supreme court this fall is drawing increased national attention, as the outcome could dramatically reshape the ideological balance of the court and impact issues ranging from voting rights to public school funding heading into the 2028 presidential election. While often overlooked, these retention elections – where voters decide whether to keep existing justices - are emerging as a key battleground in a broader national effort to politicize state judiciaries.
the stakes are notably high in Pennsylvania, where the current court has been a bulwark against restrictive voting laws and has supported equitable funding for public education. A shift in the court’s composition could jeopardize these gains and open the door to challenges to the legality of future presidential elections, experts say.
“Pennsylvanians have enjoyed better access to the ballot becuase of the Pennsylvania Supreme Court and the justices that currently sit there,” activist and CEO Kadida Kenner told WHYY news. “We are now closer to having more equity-funded public schools because of the Pennsylvania Supreme Court.”
The upcoming elections involve Justices Debra Todd, Kevin Dougherty, and P.Kevin Brobson. While Todd and Dougherty are Democrats, Brobson is a Republican. The outcome hinges on whether voters choose to retain each justice for another term.
Recent years have seen a surge in efforts to influence state court elections.President Trump has publicly criticized judges he deems unfavorable, and Republican-aligned groups are considerably increasing spending in judicial races nationwide. This trend mirrors a similar situation in Wisconsin, where Susan Crawford’s April victory in a state Supreme Court election was widely seen as a rejection of right-wing policies and a defense of reproductive freedom.
“Wisconsin voters spoke up and spoke out, came out in record numbers,” Kenner said. “Pennsylvania’s going to have to have that same type of energy to overcome any campaigns and attempts to disrupt the independence of our state court.”
The Pennsylvania Supreme Court’s decisions have far-reaching consequences. The court has previously ruled on challenges to the state’s voting laws, including those related to mail-in ballots, and has played a role in determining the fairness of legislative maps. A change in the court’s makeup could lead to different interpretations of these laws and possibly impact future elections.
voters seeking more details on the justices and the retention election can find resources from the commonwealth of Pennsylvania at https://www.pa.gov/agencies/vote/resources/ready-to-vote-toolkit.