Party of 7: A guide to the ideological balance of the PA Supreme Court

Pennsylvania’s judicial retention elections for three state Supreme Court justices received nationwide attention and attracted millions of dollars in political spending. When the dust settled on election night, it became clear that voters chose to retain the trio – Justices Christine Donohue, Kevin Dougherty and David Wecht – for new 10-year terms on the state’s high court. 

Throughout the campaign cycle, each of the three justices continuously emphasized that partisanship played no role in their decisions on cases, noting that retention questions on the ballot don’t list any party affiliation. As Justice Kevin Dougherty said in a September forum: “When you look at the Pennsylvania Supreme Court, you’ll never hear us say it’s ‘How many Democrats? How many Republicans?’ We say that we’re seven.”

However, that didn’t stop political parties and outside groups from framing the retention contests in stark ideological terms, with millions of dollars flooding into Pennsylvania to influence the race. 

Additionally, the court is often described as having a 5-2 Democratic majority, so with the retention elections now in the rearview mirror, City & State has put together a quick guide to understanding the court’s ideological balance. 

The justices elected as Democrats

Chief Justice Debra Todd

The chief justice of the Pennsylvania Supreme Court, Debra Todd was first elected to the court in 2007. She would later win a retention election in 2017, guaranteeing her an additional 10 years on the court. Her current term is set to end in December 2027. Before winning election to the Supreme Court, Todd was a judge on the Pennsylvania Superior Court. She became the first female chief justice in the history of the Pennsylvania Supreme Court when she was sworn in as Pennsylvania’s 59th chief justice on January 20, 2023. 

Justice Christine Donohue

First elected to the state Supreme Court in 2015, Christine Donohue’s first term was set to come to an end at the conclusion of this year. Voters retained Donohue for an additional 10-year term on Nov. 4, ensuring that she will remain on the court for the next several years. However, Donohue will reach the state’s mandated retirement age of 75 in 2027, so she won’t serve the entirety of that 10-year term. Prior to her time on the high court, Donohue was a judge on the Superior Court of Pennsylvania.

Justice Kevin M. Dougherty

Like Donohue, Kevin Dougherty was first elected to the state Supreme Court in 2015, and also earned another 10-year term in this week’s judicial retention elections. Before becoming a state Supreme Court justice, Dougherty served as a judge on the Philadelphia Court of Common Pleas for roughly 15 years. He also spent five years as an assistant district attorney in Philadelphia from 1990 to 1995.

Justice David N. Wecht

David Wecht helped Democrats sweep judicial elections for three state Supreme Court seats in 2015 alongside Donohue and Dougherty. With his term coming to an end this year, he ran for retention and, like his colleagues Donohue and Dougherty, was retained for another 10-year term. Earlier in his career, he served on the Superior Court and also served as a judge on the Allegheny County Court of Common Pleas.

Justice Daniel D. McCaffery

Daniel McCaffery became the newest member of the state Supreme Court when he was elected to fill a vacancy in November 2023. He took office in January 2024, and his current term will end in December 2023. Prior to his 2023 election win, McCaffery served as a judge on the state Superior Court.

The justices elected as Republicans

Justice Sallie Updyke Mundy

Sallie Updyke Mundy has served on the state’s high court since July 2016, when she was appointed to fill a vacancy by then-Gov. Tom Wolf. She then won an election for a full term on the court in 2017 and began her first full term in January 2018. Her current term is set to end in January 2028. Prior to her time on the state Supreme Court, she served on the state’s Superior Court from 2010 to 2016. 

Justice P. Kevin Brobson

One of the newer members of the state Supreme Court, Kevin Brobson was elected in 2021, with his term beginning in January 2022. He replaced former Chief Justice Thomas Saylor, who retired in 2021 at the constitutionally mandated retirement age of 75. Prior to his time on the high court, Brobson served as the president judge of the Commonwealth Court of Pennsylvania. His current term ends in January 2032.