Vote NO in November: Pennsylvania's Supreme Court Retention Election
- Russ Crane
- Sep 28
- 4 min read
Updated: Nov 2
On November 4th, 2025, Pennsylvania voters will decide whether to retain three Supreme Court justices: David Wecht, Christine Donohue, and Kevin Dougherty. If retained, each will serve another 10 years—until 2035.
Most voters don't even realize this election is happening. That's the problem. Over 98% of Pennsylvania judges are automatically retained because voters treat retention as a rubber stamp. But these three justices have demonstrated a pattern of judicial activism that demands accountability.
Watch this video.
Here's a short word from conservative strategist and podcast host Joey Mannarino about why these judges must not be retained.
Why Vote NO?
They Upheld Devastating COVID Lockdowns
When Pennsylvanians needed courts to check government overreach during the pandemic, these justices rubber-stamped sweeping restrictions instead. Rather than serving as a check on executive power, they sided with mandates that devastated families and communities.
The consequences were severe and lasting:
Nearly 30% of Pennsylvania restaurants closed permanently (PA Restaurant & Lodging Association)
Children lost nearly two full years of classroom education in many districts, resulting in massive learning loss and mental health impacts
Small businesses were forced to close while larger corporations remained open, destroying livelihoods and life savings
Religious freedoms and assembly rights were restricted without meaningful judicial scrutiny
As one Chester County business owner said: "We relied on the courts to stop government overreach. Instead, they rubber-stamped it."
These weren't close calls or difficult constitutional questions—these were fundamental rights that the court failed to protect when Pennsylvanians needed them most.
They Changed Election Rules from the Bench
These justices allowed mail-in ballots to be accepted after Election Day deadlines—clear judicial activism that undermined election integrity. Deadlines are set by law, not by judges.
As Republican State Senator (and former Gubernatorial candidate) Doug Mastriano warned: “The judiciary should not be changing election law on the fly. Deadlines exist for a reason—changing them erodes trust.”
This is legislating from the bench.
Results of The Justices' Legislating from the Bench
What were the results of this legislating from the bench? A 2021 Franklin & Marshall College poll found that 52% of Pennsylvanians had serious concerns about election fairness after these rulings. This is the eroded trust spoken about by Senator Mastriano.
Additional areas that experienced chaos due to the mail-in ballot deadline extension included:
Constitutional and Legal Concerns: the extension violated federal law establishing Election Day as "the Tuesday next after the first Monday in November" as a single Federal Election Day, and that such decisions constitutionally belonged to lawmakers, not the courts SCOTUSblogThe Philadelphia Inquirer. Allowing ballots with unclear or missing postmarks likely resulted in counting some ballots actually sent after Election Day, thereby violating federal election law and the Constitution SCOTUSblog.
Election Security and Integrity: the decision "makes Pennsylvania's elections less secure and opens the door to serious questions about the integrity of the process" NPR. The concern about postmarks was particularly significant—the Pennsylvania Supreme Court ruled that ballots without a postmark would be presumed to have been mailed by Election Day unless there was strong evidence to the contrary, which potentially allowed improperly late ballots to be counted. NPR.
Separation of Powers: The Senate Republican Caucus and Republican Party argued the state Supreme Court had overstepped by changing election procedures that should be determined by the legislature National Association of Counties.
Timing and Certification Delays: The decision meant that a final vote tally would take longer to certify, since clerks couldn't begin counting mail ballots until Election Day NPR, raising concerns about delayed results in a critical swing state.
What's at Stake
The judiciary must interpret the law—not legislate from the bench. By voting NO, you can:
Restore accountability to Pennsylvania's highest court
Send a clear message that judicial activism has consequences
Protect the future of fair elections and constitutional governance
Ten More Years Means Ten Years of Critical Decisions
If retained until 2035, these justices will rule on:
Redistricting battles that shape political representation for decades
Election law cases in 2026, 2028, and beyond
Constitutional questions affecting Pennsylvania's economy and civil liberties
That's a decade of unchecked power.
Pennsylvania's November 4th Retention Election: What You Need to Know
Many Pennsylvania voters are unaware that the upcoming November election includes a critical decision on the back of their ballot. This retention election will determine whether three Democratic justices on the Pennsylvania Supreme Court will serve another 10-year term.
What Is a Retention Election?
In a retention election, voters simply answer "yes" or "no" to whether a sitting justice should remain on the bench for another decade. Unlike typical judicial elections, there are no competing candidates—just a decision about whether the current justice stays or goes.
Why This Election Matters
These three justices have been involved in several controversial decisions that have drawn scrutiny:
They consistently supported Governor Wolf's pandemic-related restrictions that kept Pennsylvania in prolonged shutdown
They made the decision to release Bill Cosby from prison, a ruling that sparked significant debate
A Unique Situation
One of the justices up for retention is 73 years old. Pennsylvania law requires mandatory retirement at age 75, meaning she would only serve two years of a 10-year term. If retained, her seat would then be filled by Governor Shapiro's appointment, giving him the
opportunity to place another progressive justice on the state's highest court.
Don't Forget to Flip Your Ballot
Pennsylvania voters: remember to turn your ballot over and vote on the retention elections on the back. These judicial retention races have historically received little attention, but they carry significant implications for the future of Pennsylvania's Supreme Court.
Share this information with fellow Pennsylvania voters—these down-ballot decisions deserve informed participation from the electorate.
The Time to Act Is Now
We’re less than a week away from Election Day. Every conversation, every shared article, every reminder to family and friends matters.
This NOvember, make your voice heard:
❌ NO on Wecht
❌ NO on Donohue
❌ NO on Dougherty
Pennsylvania deserves a Supreme Court that respects the Constitution, upholds the rule of law, and defends the people—not one that bends to politics.
Vote NO in NOvember—and protect Pennsylvania’s future for the next 10 years.
What happens if the Justices are not re-elected?