This election has the potential to change the makeup of the court and, in turn, certain laws, depending on what happens less than a month from now.
A simple “yes” or “no” retention vote is drawing attention from both sides of the political aisle.
“This is the most important retention race in Pennsylvania history,” Chair of the Pennsylvania Democratic Party Eugene DePasquale said.
It has the power to change the makeup of the state supreme court, which holds a 5-2 Democratic majority.
“The vote that people will see on their ballots is a yes or no question,” said Sarah Niebler, a professor of political science at Dickinson College.
Asking if they want to see Justices Christine Donohue, Kevin Dougherty and David Wecht on the commonwealth’s highest court for another 10 years.
For many republicans, including GOP chair Greg Rothman, the answer is an easy no.
“They’re activist judges, that and they’re Democrats and created all kinds of chaos and have been legislating from the bench, which is not their job,” Rothman said.
“My late friend, Justice Sandra Day O’Connor, a defined, an activist judge, quite cogently acted as a judge with whom you disagree,” said John Jones II, a former federal judge and president of Dickinson College.
Many Republicans have disagreed with rulings, including voter ID, which the court found to be unconstitutional. Democrats, no surprise, are feeling the opposite and are pushing a yes vote.
“We also have a court that defended reproductive freedom and the court that basically said how we fund our schools in Pennsylvania was unconditional,” DePasquale said.
“They wear black robes, but underneath those black robes, they’re wearing blue jerseys,” Rothman said.
Jones, appointed by Republican President George W. Bush, said don’t vote by the jersey but by the justice.
“Make considered decision taking the whole of the justice’s career and not just a snapshot or one particular case or decision with which they disagree,” Jones said.
If one or more justices are voted out, Democratic Governor Shapiro will nominate someone. That person will then need to be approved by the republican controlled state senate, which, given the party split, could be tedious.
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