Pennsylvania's Judicial Crisis: When Justice Becomes a Political Commodity
Published
- 3 min read
The Facts:
Pennsylvania is facing a critical moment in its judicial history as three Democratic Supreme Court justices face retention elections that could fundamentally alter the balance of power on the state’s highest court. The current 5-2 Democratic majority hangs in the balance, with Justices Christine Donohue, David Wecht, and Kevin Dougherty facing yes-or-no votes that determine whether they serve another 10-year term. What makes this election particularly alarming is the unprecedented flood of money pouring into these typically low-profile judicial races - tens of millions of dollars from both sides, much of it through independent expenditures and dark money groups that don’t have to disclose their donors.
This judicial battle matters profoundly because Pennsylvania’s Supreme Court has recently decided watershed cases on congressional redistricting, election administration during the 2020 presidential race, COVID-19 restrictions, and abortion access. The court threw out a Republican-drawn congressional map in 2018 that had yielded heavily Republican delegations, leading to more balanced representation. They defended Pennsylvania’s election administration in 2020 and upheld the Democratic governor’s pandemic restrictions. National groups are investing heavily, including significant spending from Pennsylvania’s wealthiest individual, Republican donor Jeff Yass, though much of the funding remains shrouded in secrecy due to dark money channels.
The retention process itself is unique: justices initially win 10-year terms through partisan elections, then face simple yes/no retention votes every decade. A ‘no’ vote creates a vacancy filled by temporary appointment until the next municipal election, essentially allowing voters to reset the court’s composition. Despite being an off-year election, mail ballot returns suggest unusually high turnout for what’s traditionally been a sleepy judicial process.
Opinion:
What we’re witnessing in Pennsylvania is nothing short of a corporate and partisan takeover attempt of the state’s judicial system, and it should terrify every American who values an independent judiciary. The fact that tens of millions in dark money - funds whose origins remain hidden from public scrutiny - are flooding into judicial retention elections represents a fundamental corruption of our justice system. When judges must worry about well-funded opposition campaigns bankrolled by shadowy interests, how can we possibly expect them to rule impartially?
This assault on judicial independence strikes at the very heart of our constitutional system. The founders understood that an independent judiciary was essential to check legislative and executive power and protect individual rights. What we’re seeing in Pennsylvania is the opposite - an attempt to turn justices into political actors accountable not to the law and Constitution, but to deep-pocketed donors and partisan agendas. The ads running in Pennsylvania are particularly revealing: one side touts protecting abortion access and voting rights, while opposition ads scream about ‘terming out’ justices who’ve made unpopular decisions with certain political factions.
As someone who believes fiercely in judicial independence and the rule of law, I find this development profoundly dangerous. When justice becomes another commodity to be bought and sold to the highest bidder, we’ve lost something essential to our democracy. The people of Pennsylvania must recognize that their vote next week isn’t just about three justices - it’s about whether their state’s highest court will remain an independent arbiter of justice or become yet another political battlefield. This isn’t about Democratic versus Republican justices; it’s about whether we want judges who follow the law or judges who follow the money. The integrity of our entire judicial system hangs in the balance, and every American should be watching Pennsylvania with grave concern about what this means for the future of justice in our nation.