As many here already know, Pennsylvania is electing a new Supreme Court justice this year. Democrats currently have a 5-2 majority; since the new justice will be replacing a Republican, this will either stay at 5-2 or increase to 6-1. We saw last fall the importance of having pro-democracy judges, in Pennsylvania and elsewhere. In PA, a Trumpy judge on our second-most powerful court, Patricia McCullough, agreed with the fascistic lawsuits that mail-in voting is unconstitutional, and attempted to block certification of the election. But because the PA Supreme Court is run by pro-democracy judges, she was swiftly overruled and the election certified.
PA Supreme Court
McCullough ran for the PA Supreme Court herself this year, losing the primary to Kevin Brobson, a somewhat more respectable (but still very conservative) judge. Brobson, as far as I know, did not endorse—or have occasion to endorse—Trump’s absurd legal reasoning, though he did rule in 2018 to uphold the PA Republican gerrymander of the state. Obviously, the Democratic majority on the Court reversed that ruling—thus, we have a 9-9 split in the delegation, rather than a 12-6 Republican delegation (the delegation was 13-5 after 2016, but Mary Gay Scanlon, who holds the current PA-05, also won a special election for the gerrymandered version of that district, and I’m presuming she’d have held it in 2020 too).
With the PA Republicans in firm control of the legislature—and firmly committed to authoritarianism—it is important to elect Democrats to our state courts to rein them in. And, even better, if Democratic nominee Maria McLaughlin wins, that ensures Democratic control of the the PA Supreme Court through the early 2030s—in time for the next round of redistricting, too.
Maria McLaughlin, who currently is a judge on the intermediate-level PA Superior Court, is a strong candidate. Hailing from a working-class section of Philadelphia, she was the first member of her family to attend college. In her intro video, she quotes her father reminding her “never forget where you came from.” And unlike a number of Republican politicians (Clarence Thomas, Scott Brown, e.g.), she appears to have taken that to heart. Here’s her video:
In 2017, McLaughlin received the most votes in a 9-way race for Superior Court; 4 Democrats, 4 Republicans, and an independent appeared on one ballot, and the top 4 finishers were elected. She did this even as the Democrats were losing the top-of-the-ticket race, a seat on the Supreme Court, by 5 points; Democrat Dwayne Woodruff won only six counties as Republican Sallie Mundy prevailed. That indicates she has some crossover appeal—and in a year like this one, she will need it.
McLaughlin is endorsed by most labor unions—firefighters, Teamsters, AFL-CIO, AFSCME, SEIU, etc. Obvious exception—police unions. (My humble suggestion—McLaughlin could run an ad featuring police officers/sheriffs who support her.) McLaughlin is also backed, unsurprisingly, by pro-choice and LGBT groups, while Republican Kevin Brobson has the support of the NRA and other gun-nut organizations.
Brobson hails from Harrisburg, which might allow him to eat into Democratic margins in what’s become a critical region for Democrats in PA. Joe Biden won Dauphin County (Harrisburg) by 8 points, and received 44% in neighboring Cumberland County (Carlisle)—best performance by D in Cumberland County since 1964. With the bottom falling out in western PA, it’s become critical for Democrats to do well in south-central PA (Harrisburg/Carlisle/York/Lancaster) to maintain a chance to win statewide. Since Brobson is from the area, he might be able to overperform relative to the R baseline.
Furthermore, more Republicans than Democrats voted in the May primary. And GOP-backed constitutional amendments to strip Gov. Tom Wolf (D) of his emergency powers passed, 52-48. Combining these factors with Biden’s weak approval ratings, this is a lean R race. However—Maria McLaughlin is exactly the candidate we would want for a tough race like this. Working-class background, which makes her a relatable figure. Demonstrated crossover appeal in her last race. And much as she did last time, she is campaigning in all 67 counties in the state. Trying to get votes everywhere—a wise strategy. I think Brobson is favored, but PA races are almost always close, and McLaughlin could definitely pull out a win.
Lower Courts
Commonwealth Court
Two seats are open on the Commonwealth Court, where the GOP currently has a 7-2 majority. This intermediate-level appellate court hears cases involving state agencies and regulations—most politically charged cases in PA would come before this court. It also functions as a trial court in some circumstances. Thus, this is probably PA’s second-most important court, and Democrats really need to stop losing races for Commonwealth Court.
This year, the majority will remain 7-2 GOP, or shrink to 5-4. Democratic nominees are Pittsburgh trial judge David Spurgeon and Philadelphia trial judge Lori Dumas, who prevailed in a 4-candidate race in the primary. Spurgeon is the only candidate on either ticket in this race to receive a “Highly Recommended” rating from the PA Bar Association; Dumas received “Recommended.” In the primary, Spurgeon appeared to command the most support from Democratic officials and interest groups, though Dumas ended up receiving the most votes. Spurgeon is an ex-prosecutor, and focused a lot on domestic violence cases. Dumas has taken more of an interest in juvenile justice, for which she has received recognition: www.nevadabusiness.com/…
Also, Dumas would be just the second Black woman ever elected to PA Commonwealth Court; the first was Doris Smith-Ribner, who served 1987-2009. So, we have an opportunity to make some history as well as reclaim some control from the authoritarian GOP. The Commonwealth Court is especially important for when the GOP tries their next coup.
Superior Court
Whoever wins the 1 seat open on Superior Court, PA’s other intermediate appellate court, will gain an 8-7 majority on that court. Superior Court hears civil and criminal appeals, by and large. It’s also often a stepping stone to the PA Supreme Court—as mentioned, Maria McLaughlin currently serves on this court, and so did 5 of 7 current PA Supreme Court justices.
The Democratic nominee is Timika Lane, whose profile is strikingly similar to that of Lori Dumas—Lane is a Philadelphia trial judge who specializes in juvenile justice. Like Dumas, she is also a Black woman. Lane prevailed in the primary over Pittsburgh lawyer Jill Beck. Most western PA groups/officials supported Beck, while their counterparts in eastern PA supported Lane. In PA, there are more Democrats in the eastern part of the state now.
It’s difficult to handicap these races, especially the Commonwealth Court one where all 4 candidates appear on one ballot and the top 2 are elected. On balance, I’d give a small edge to the Republicans; in PA, in the years after presidential elections, Democrats often just don't show up. But low-turnout races are inherently less predictable.
Allegheny County
Finally, some local races. Allegheny County (Pittsburgh+suburbs) is electing 9 new judges this year, roughly a quarter of the bench—so a chance to really diversify the bench and elect some strong progressive judges. There are 15 candidates for the 9 slots—for trial judgeships like this, candidates are allowed to cross-file and run for both parties’ nominations. Only 1 of the 15 candidates, Joseph Murphy, is a registered Republican. But some of the other 14 are better than others.
3 candidates—Lisa Middleman, Bruce Beemer, and Sabrina Korbel—are virtually assured victory because they won nominations from both parties in the spring primary. Fortunately, they’re all strong choices, especially Middleman. She’s one of the ones I’m most excited about. A longtime public defender, Middleman is running strong on issues of criminal justice reform. She challenged the conservadem DA, Stephen Zappala, a couple years, but Zappala unfortunately was reelected. For this race, she’s endorsed by a coalition of groups that advocate for criminal justice reform, and basically every progressive group you could name. She’ll be a great judge.
Korbel is good, too. Though she wasn’t endorsed by the criminal justice reform group, she was endorsed by many progressive organizations, and she has done much work on behalf of domestic violence victims. She’s rated “highly recommended" by the local bar.
Beemer is more typical; he worked as a prosecutor for a period of time, and in other government roles. He served for a few months as AG of Pennsylvania, in between the resignation of Kathleen Kane and the election of our current AG, Josh Shapiro. More recently, Gov. Tom Wolf appointed Beemer to the Allegheny County bench, and now Beemer is running for a full term. Though Beemer’s background is typical of judges, he has a handful of progressive endorsements, and is certainly among the better candidates running. (Also have to admit he has a great name—similar to a superhero name. After all, there is a Bruce Banner.)
I’ll gladly vote for all three of the ones who I mentioned here. As for the other 6—Democrats Tiffany Sizemore, Nicola Henry-Taylor, Wrenna Watson, and Chelsa Wagner received endorsements from the criminal justice reform group. Then Elliot Howsie, who also won a Democratic nomination, has worked both as a prosecutor and a defense lawyer, so he’s seen criminal cases from all sides. According to his campaign website, he’s also done personal injury work. I’m not sure who I’ll go with for the 9th slot, but it won’t be Bill Caye or Mark Patrick Flaherty; by most appearances, they’re very much conservadems. (Both won only GOP nominations).
In Sum
The progressive wing will likely claim some wins in the Allegheny County judgeship races. Statewide wins are going to be tough to pull off. Looking at other years after presidential elections—2001, 2009, 2013—Democratic turnout usually craters, resulting in Republican wins. 2017 produced a split result—Democrats won 4 of 7 seats, but Republicans claimed the biggest prize, the state Supreme Court seat with Sallie Mundy. (In 2005, there were no statewide judgeships up, only retention. That year, at the height of the legislative pay raise scandal, is the only time a PA Supreme Court justice has lost a retention election.) It’ll be a tough race, but Maria McLaughlin has run those before, and she’s the sort who could prevail in a race like this. So, let’s elect her. Be sure to vote if you live in PA, remind those you know in PA to vote. I will as well.