This is a guest post by Kendal resident Barb Smith, based on her notes from a Zoom presentation on September 3, 2025, by the PA Supreme Court judges who face a retention election this fall. The Zoom was organized by Indivisible Philadelphia and reached people throughout Pennsylvania.

Three of the seven PA Supreme Court Judges — Daniel Wecht, Christine Donahue and Kevin Dougherty – are up for retention in this fall’s election. 

Why is this election so important.  It is very rare that 3 judges come up for retention in the same year.  There are 7 judges on the PA Supreme Court.  If these three are not retained, on December 31, 2025 they complete their time on the Court.  The Governor is able to name replacements, but only if the Republican controlled PA Senate agrees.  Agreement is unlikely, which would mean the court would be short three judges.  The danger in the next election is that there will be a 2-2 split in any decision related to which ballots can be counted, mail-in ballots legitimacy, etc.  The Court will be unable to stop voter suppression.

Background on the three judges:

  • David Wecht is Jewish and a graduate of Yale Law School and served as editor of the Yale Law Review, interned at the U.S. Court of Appeals in D.C., developed reforms which resulted in the “unified family court”.
  • Christine Donahue – daughter of a coal miner, studied law at Duquesne, background in environmental and civil law, named Woman of the Year in 2023 by her Alma mater, began “Project Litigate” to give young lawyers greater opportunity to try cases using best practices.
  • Kevin Dougherty, Irish Catholic raised in south Philly, studied at Temple and Antioch Law School, years of experience in Philadelphia Family Court, developed programs allowing for expungement of criminal records, brought judicial reform in addressing cases where autism or other neuro-diverse differences were considered in proceedings and appropriate support or treatment was integral to the proceedings.  Statewide educational programs were developed for the court and police.

All three are up for RETENTION in the November 4, 2025 election.  LOOK FOR THEM AT THE END OF THE ELECTION BALLOT!  All three have received the highest rating from the PA Bar Association.

What role does Party or Religion play in your decisions?  The judges stated that neither political party nor religious affiliation or belief played a role in their rulings.  They each attempt to present the legal rationale including precedents behind their decisions.  They urged voters to go to the PA Supreme Court website and read some of their decisions.

Workload and how the Court functions.  There are about 2,100 cases that come before the Court each year, in addition to issues related to their oversight of all courts, civil, criminal and family in the State and disciplinary actions against lawyers.  Each Justice receives about 300 cases to review and writes up a summary for the other judges.  In this task, they each have the assistance of 7 or 8 law interns.  The cases which will be taken up by the full Court are decided through this process.  These Justices put a priority on explaining their analysis of the law and precedents which have guided their decisions.  There is no ‘Shadow Docket’ in the PA Supreme Court.

Christine noted that there are guarantees in the PA Constitution, which are not guaranteed in the U.S. Constitution.  These three have worked hard to see that the PA Constitution’s guaranteed rights are followed in decisions.  E.G.  “free and equal elections” was a principal used in striking down a gerrymandering map which clearly favored one party, effectively negating the votes of the other party.  PA’s equal rights amendment led to the decision that if Medicaid covers all medical procedures for men, they must do the same for women, including abortion.  The PA Constitution guarantees the right to “thorough and efficient system of education”.  This right has helped undergird “equitable and public funding of education”.  The right to clean air, clean water and a healthy environment as well as consumer protections are also enshrined in the PA Constitution.

FINAL NOTES

  • Encourage people to vote.  Low turn out of supporters is dangerous, since Republicans are mobilizing voters to vote No on Retention.
  • PA Supreme Court Judges will appear on the bottom or back of the Ballot.  Make sure to get there!
  • There will be attempts to malign these judges.  If any judge had done anything unworthy of their office, you would have heard about it months ago.  All are highly recommended by the PA Bar Association.