Pa. Supreme Court Justices Christine Donohue, Kevin Dougherty, and David Wecht.
Courtesy of candidates and Commonwealth Media Services
Pennsylvania’s Judicial Retention Election Signals Long-Term Shift in Power Dynamics
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Asia Tabb
Courtesy of candidates and Commonwealth Media Services
Pa. Supreme Court Justices Christine Donohue, Kevin Dougherty, and David Wecht.
AIRED; November 21, 2025
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Pennsylvania’s recent Supreme Court retention election drew an unusual level of national attention, and Penn State Dickinson Law Professor Stanley Brand says the spotlight reflects a broader shift in political power struggles across the country. Speaking on The Spark, Brand explained that while retention elections are typically quiet, this year’s contest became high-profile because “there’s been a shift on this issue from federal court to state courts.” He noted that decisions on redistricting and election rules now hinge heavily on state constitutions, making state supreme courts the new battleground.
Brand pointed to two U.S. Supreme Court cases — Rucho v. Common Cause and a ruling out of North Carolina — that pushed gerrymandering disputes away from federal courts. “All the money and all the attention is now directed towards these Supreme Courts ’cause that’s where the fight is going to play out over redistricting,” he said. Similar intensity has already surfaced in states like Wisconsin, North Carolina, Texas and California.
With Pennsylvania voters choosing to retain their Supreme Court justices, Brand said the ideological direction of the court remains steady. “The makeup of the court has solidified around the same judges who made those decisions,” he explained, adding that landmark rulings such as League of Women Voters v. Commonwealth will likely remain in effect for the foreseeable future.
Looking ahead, Brand expects judicial elections in Pennsylvania to stay highly charged. “The battle won’t be over,” he said. “The side that loses will attempt to switch the makeup of the court in the next election.” As long as state courts play a decisive role in shaping election laws, these once quiet judicial races may continue drawing national eyes.
