October 28, 2025


The Most Important Election No One’s Talking About: Pennsylvania's Judicial Battle

Imagine an election whose outcome doesn’t just determine the next two years, but the next decade. One where not just voting rights, reproductive rights, and civil rights — but democracy itself — is on the line, and candidates’ rulings have implications for the next several election cycles, including the state’s once-in-a-decade census and redistricting. One with notoriously low turnout, but historically high stakes.

Unless you reside in Pennsylvania, you might be unaware that a crucial judicial election is currently taking place. Along with other critical races in Virginia, New Jersey, and California, Pennsylvanians are heading to the polls through November 4, 2025, to decide whether to retain three Pennsylvania Supreme Court justices — Kevin Dougherty, Christine Donohue, and David Wecht — for another 10-year term. The decisions of these justices in the coming years will be pivotal, especially since election-related cases are expected to come before their court in 2026.

Retention means reelection for a second 10-year term: voters vote “yes” to keep judges on the bench if they upheld their oaths and fairly, impartially interpreted the Constitution. However, these elections often suffer from low voter awareness and participation, as judicial races are typically placed on the back of ballots, which means many eligible voters might not vote at all.

The stakes couldn't be higher. Everything from voting rights to public education is on the ballot again this fall, with greater urgency. The Pennsylvania Supreme Court is the final arbiter of state law, playing a crucial role in protecting democracy and acting as a bulwark against autocracy and federal overreach.

In recent rulings, the court has strengthened voting rights, including upholding mail-in voting and drop boxes, and ensuring ballots aren't discarded due to signature mismatches or slow mail delivery. Moreover, back in 2018, the court struck down what was then one of the most gerrymandered maps in the U.S., leading to fairer congressional representation in Pennsylvania.

Reproductive rights are also safeguarded. Despite changes at the federal level, Pennsylvanians still enjoy a constitutionally protected right to abortion, thanks to state Supreme Court rulings that prevent discrimination in health services funding based on sex.

The environment and public education are further areas where the court's influence is profound. The Pennsylvania Constitution guarantees environmental rights, enabling justices to enforce policies ensuring clean air and water. Additionally, a 2023 ruling declared the state’s school funding system unconstitutional, affirming the right to quality education regardless of one's ZIP code.

What if these justices are not retained? Pennsylvania would face a deadlock in its highest court, potentially for two entire years, slowing down justice and affecting crucial decisions. This scenario underscores the importance of judicial elections, which often go overlooked despite their significant impact on everyday life and the broader political landscape.

This election could influence the outcomes of not only future state matters but also the 2026 midterm elections and the 2028 presidential election. With everything from election integrity to congressional redistricting at stake, the importance of casting an informed vote in this judicial election cannot be overstated.