Democrats and allied groups outspent the GOP by several millions, with the race estimated to have cost more than $15 million.
Pennsylvania voters on Tuesday approved the retention of three Democratic justices on the state Supreme Court — Christine Donohue, Kevin Dougherty, and David Wecht — preserving a 5–2 Democratic majority on one of the nation’s most politically consequential high courts. NBC News and other outlets projected the victory late Tuesday, capping weeks of unusually heated campaigning and record-breaking spending for a judicial retention election.
The trio, first elected as Democrats in 2015, will each serve another 10-year term — though Donohue’s tenure will end in 2027, when she reaches the state’s mandatory judicial retirement age of 75. In Pennsylvania, Supreme Court justices are initially chosen through partisan elections and must later face voters in nonpartisan “yes-or-no” retention votes every decade. Historically, these have been sleepy, low-turnout affairs. Only one justice has ever failed to be retained since the system was created in 1968.
But this year’s vote became a proxy battle over the future of key issues such as abortion rights, election law, and redistricting in the nation’s most competitive swing state. A loss for all three Democrats would have plunged the court into a 2–2 partisan deadlock, likely crippling its ability to rule on major disputes through 2027.
“This could have led to chaos,” Donohue said last week, noting her surprise at the race’s overtly partisan tone. “I suppose that’s a sign of the times.”
More than $15 million was spent on the retention campaign — quadruple the typical amount for such elections. Democrats and their allies, including Planned Parenthood, the ACLU, labor unions, and trial lawyers, outspent Republican-aligned groups by roughly four to one. Democratic Gov. Josh Shapiro appeared in television ads backing the justices, warning that “the threats to our freedoms are very real.” Former President Barack Obama also urged Pennsylvanians to vote “yes” to retain the justices.
Republicans, meanwhile, waged a late push to oust the trio. A network linked to billionaire Jeffrey Yass financed millions in attack ads calling the justices “radical,” while GOP leaders encouraged voters to “term limit” the judges. Former President Donald Trump entered the fray on the eve of the election, posting on Truth Social: “Vote NO, NO, NO on Liberal Justices Donohue, Dougherty, and Wecht.”
The Pennsylvania Supreme Court has wielded major influence in recent years, often deciding partisan and constitutional battles stemming from gridlock in the state legislature. In 2018, the court struck down a Republican-drawn congressional map as an unconstitutional gerrymander, reshaping the state’s political landscape. Four years later, it upheld a mail-voting law central to Pennsylvania’s modern elections — a decision Republicans fiercely opposed.
The court has also ruled on abortion access, overturning a prior precedent that upheld a ban on Medicaid funding for abortion. With cases on environmental protections, school funding, and election law expected in the coming years, control of the bench carries enormous policy implications.
Had the three justices been ousted, Shapiro would have been empowered to appoint temporary replacements. However, Republican control of the state Senate likely would have blocked confirmation, leaving the court split 2–2 until the next judicial election in 2027.
Justice Wecht, celebrating quietly with family Tuesday night, said he was “honored that the people showed this confidence in me” and pledged to “serve the people with fidelity.”
