HARRISBURG, Pa. (AP) — Pennsylvania voters will have a pivotal decision to make in the upcoming election for an open state Supreme Court seat. This decision will not only impact the future of voting and abortion rights in the state but also holds significance as Pennsylvania is a key battleground state in presidential elections.
The race for the open seat on the state Supreme Court is between Democrat Dan McCaffery and Republican Carolyn Carluccio. Although the outcome of this election will not change the fact that Democrats currently hold a majority on the seven-seat bench, with a 4-2 majority and one open seat following the death of Chief Justice Max Baer last year.
Justices on the Pennsylvania Supreme Court serve 10-year terms before they must run for retention to continue serving.
Dan McCaffery, a former Philadelphia prosecutor and judge, is currently a sitting judge on the Superior Court, which is a statewide appellate court. Carolyn Carluccio, on the other hand, is a Montgomery County judge and has prior experience as a federal prosecutor and public defender.
The decisions made by the state’s highest court have had far-reaching consequences in recent years. Notably, they struck down GOP-drawn congressional districts as unconstitutionally gerrymandered and rejected a Republican effort to overturn the 2020 presidential election results in Pennsylvania. They have also upheld the constitutionality of the state’s expansive mail-in voting law and settled various voting-related disputes before the 2020 election.
In addition to their impact on voting rights, the question of abortion rights has been injected into the campaign. This is in response to the U.S. Supreme Court’s decision last year to overturn Roe v. Wade, which has endangered federal abortion protections that have been in place for almost fifty years. Dan McCaffery has positioned himself as a staunch defender of abortion rights and other rights that he believes are under threat from the conservative majority on the U.S. Supreme Court.
Carluccio, on the other hand, has stressed her experience and appeals to moderate voters by highlighting that judges from both major parties elected her to become the president judge of Montgomery County, an administrative position. While she has been endorsed by anti-abortion groups, she has avoided publicly expressing her opinion on the issue, stating that it is not relevant to her position as a judge given that state law already allows abortion up to 24 weeks.
The campaign for the state Supreme Court seat has seen over $20 million in contributions, with significant support from billionaire Jeffrey Yass for Carluccio and backing from labor unions and trial lawyers for McCaffery.
Currently, the court is examining a challenge to a state law that restricts public funds for abortions and Philadelphia’s challenge to a law restricting the sale and possession of guns in the city and other municipalities.
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