Abortion Rights Dominate Pennsylvania Supreme Court Retention Campaigns

Advocates for abortion rights are making significant financial commitments in the retention elections for Pennsylvania’s Supreme Court, channeling millions into efforts to ensure that three Democratic justices remain in their positions as legal disputes surrounding reproductive health care continue.

This November will see retention votes for the trio of justices—Kevin Dougherty, Christine Donohue, and David Wecht—all elected in 2015. Their reapproval would maintain the Democrats’ 5-2 majority on the state’s highest court, which has made significant rulings on critical matters like redistricting, gun laws, and abortion rights.

Organizations such as Planned Parenthood Votes, Defend Our Courts, People Power Pennsylvania, and Pennsylvanians for Judicial Fairness have launched comprehensive advertising and mailing campaigns to highlight the judiciary's crucial role in safeguarding reproductive rights. In a concerted effort, they have invested millions to encourage voters to maintain the court's independence and protect what they characterize as the final barrier for abortion access in Pennsylvania.

Planned Parenthood Votes announced its intention to invest a significant amount in mailers alerting the public that “anti-abortion billionaires are targeting our rights.” In an important move, a Philadelphia-based political group dedicated to judicial races has invested nearly $1 million in digital advertising and canvassing efforts. This includes a multitude of social media advertisements emphasizing the retention vote as a crucial battle to protect reproductive health care.

A new super PAC, Pennsylvanians for Judicial Fairness, has disclosed expenditures exceeding $1.5 million as of mid-September, with financial support from contributors including the Philadelphia Trial Lawyers Association and the national Democratic Legislative Campaign Committee. The television advertisements and mail campaigns depict the election as a crucial decision point on abortion rights, cautioning that adversaries seek to appoint justices “who will prohibit abortion.”

The increase in expenditure coincides with ongoing legal inquiries regarding reproductive care as they progress through the courts in Pennsylvania. Despite the legality of abortion in the state until 23 weeks of pregnancy, recent indications from the Supreme Court suggest a possible interpretation of abortion restrictions as potential discrimination based on sex under the state’s Equal Rights Amendment. A ruling was issued regarding a case that questioned Pennsylvania's prohibition on utilizing Medicaid funds for abortion services, with the court directing the matter back to a lower court for additional examination.

Supporters argue that the decision highlighted the influence state courts can have on reproductive policy, particularly in times of legislative stalemate. “We understand that the court may serve as the final safeguard,” stated Signe Espinoza, executive director of Planned Parenthood Pennsylvania Advocates. She observed that the electorate is progressively recognizing state courts as pivotal in shaping access to abortion, contraception, and gender-affirming care.

Groups associated with the Republican Party, such as the Republican State Leadership Committee and various PACs connected to some of Pennsylvania's richest contributors, are also investing in efforts to remove the justices from their positions. With the Democratic majority and abortion rights at the forefront, abortion continues to be the pivotal issue shaping the critical retention races.

According to state law, Supreme Court justices undergo retention votes every decade. Although the majority typically receive approval, this year's campaigns represent one of the most costly judicial retention periods in Pennsylvania's recent history.

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