Three justices are up for retention this coming November.
In November, voters in Pennsylvania will decide whether to retain three state Supreme Court justices.
With retention on the ballot comes the possibility of redistricting in the Commonwealth. The Supreme Court has been instrumental in redistricting over the past decade.
The current makeup of the court is five liberal justices and two conservative ones. With three justices up for retention, the balance of the court could change in November.
Democratic justices Kevin Dougherty, Christine Donohue, and David Wecht were elected to the court in 2015. They are up for retention in November.
If any of the justices are ousted in November, a partisan race will take place to replace them in 2027.
Maps will be redrawn following the 2030 census, as Pennsylvania redraws its congressional and state legislative maps every ten years following the survey.
In 2020, the census resulted in Pennsylvania going from having 18 House seats to 17.
For state legislative districts, a reapportionment commission draws maps. For congressional districts, the state General Assembly draws them for approval by the governor.
Some states are pursuing early redistricting this year at the request of President Donald Trump. Pennsylvania Governor Josh Shapiro told reporters, “We’re not doing that here in Pennsylvania. It’s not on the table here in Pennsylvania.”
Retention could impact the next redistricting cycle in the Commonwealth. Should Republicans dominate the state Supreme Court, those justices could be more open to maps drawn to benefit their own party.
In 2018, the state Supreme Court became involved in redistricting when it issued an opinion saying the state’s Congressional map was a partisan gerrymander that violated the free and equal protection clause of the state’s constitution. The map had resulted in 13 Republican districts compared to five Democratic districts.
The three justices up for retention this year signed the 2018 landmark opinion issued by the court.
In 2022, the Supreme Court was involved in the process again. The General Assembly and then Governor Tom Wolf were not in agreement over a congressional map ahead of the deadline set by the court.
The court selected a map that had been drawn by Democratic plaintiffs to resolve the situation.
State Senator Greg Rothman, the chair of the Republican Party in Pennsylvania, said, “The only thing we want is for the laws of Pennsylvania to be followed, and now having politically motivated judges dictate the maps.”
