The Pennsylvania Supreme Court justices’ party affiliations currently break down as five Democrats and two Republicans, a 5–2 majority that has held since January 2024. All seven justices won their seats in partisan elections, meaning each ran under a party label printed on the ballot. Pennsylvania is one of only eight states that picks its highest court this way, which is why the political labels attached to these justices get more attention here than in most states.
Each Justice and Their Party
- Chief Justice Debra Todd, Democrat. Current term runs through December 2027. She previously served on the Superior Court.
- Justice Christine Donohue, Democrat. Seated January 2016. Won retention in November 2025 but must retire in 2027 at the constitutional age limit of 75.
- Justice Kevin M. Dougherty, Democrat. Seated January 2016. Won retention in November 2025 and begins a new ten-year term.
- Justice David N. Wecht, Democrat. Won retention in November 2025 for another decade.
- Justice Sallie Updyke Mundy, Republican. Current term ends December 31, 2027, with a retention vote that November.
- Justice P. Kevin Brobson, Republican. Seated January 2022. Term runs through 2031.
- Justice Daniel D. McCaffery, Democrat. Newest justice, seated January 2024. Term runs through 2033.
The 5–2 split gives Democrats a comfortable majority when the justices divide along party lines.1Ballotpedia. Pennsylvania Supreme Court Many decisions are unanimous or feature cross-party coalitions, so the labels do not predict every outcome.
Why the Justices Have Party Labels at All
Pennsylvania is one of eight states where supreme court candidates run in partisan elections, with party affiliation printed on the ballot.2Ballotpedia. Partisan Election of Judges Under Article V, Section 13 of the Pennsylvania Constitution, justices are chosen at the municipal election preceding the start of their terms in statewide races open to all registered voters.3FindLaw. Pennsylvania Constitution Art V, 13
Candidates compete in a party primary, then the winners face each other in November. The winner takes a ten-year term. Seats are staggered so only one or two typically appear on the ballot in a given year, which prevents a single wave election from flipping the entire court.
How the Chief Justice Is Picked
Pennsylvania does not hold a separate election for chief justice. The role goes to whichever justice has the longest continuous service on the court.4Pennsylvania Code and Bulletin. 201 Pa Code Rule 706 Debra Todd currently holds the position for that reason. The chief’s party affiliation is essentially a byproduct of who happens to have been on the bench longest.
Why the Party Label Fades After Election
A justice who has served a full term and wants to keep the seat does not face another partisan contest. The Pennsylvania Constitution requires a retention election: a yes-or-no vote on another ten-year term, with the justice’s name on the ballot and no party label attached.5Unified Judicial System of Pennsylvania. Judicial Elections and Retention A majority of “yes” votes means another decade. A majority of “no” votes opens the seat for a new partisan election.
Retention has historically been easy to win. Donohue, Dougherty, and Wecht were all retained in November 2025 by margins of roughly 27 percentage points, even against organized “no” campaigns.
Sitting justices also face limits on political activity once seated. The Pennsylvania Code of Judicial Conduct, adopted by the Supreme Court under Article V, Section 17(b), prohibits judges from political conduct that conflicts with judicial independence or impartiality.6Judicial Conduct Board of Pennsylvania. Code of Judicial Conduct In practical terms, justices cannot endorse candidates, give political speeches, or contribute to campaigns while on the bench, and violations carry disciplinary consequences.
Mid-Term Vacancies and the Governor’s Role
When a seat opens before a term ends, whether from death, resignation, or mandatory retirement at age 75, the Governor of Pennsylvania appoints a replacement.7Pennsylvania General Assembly. Pennsylvania Code 42 – Automatic Retirement on Age The appointment requires approval from two-thirds of the elected members of the State Senate.8Pennsylvania General Assembly. Constitution of Pennsylvania – Art V, 13 That high threshold effectively forces the governor to pick someone acceptable to both parties, so appointees tend to be less ideologically extreme than candidates who win contested elections. To stay on the court past the interim period, an appointee has to win a regular partisan election.
What Could Shift the Balance
The 5–2 Democratic majority is not locked in. November 2027 brings three critical moments in a single cycle:
- Christine Donohue (Democrat) must retire in 2027 at age 75, creating a vacancy the governor fills with Senate confirmation.7Pennsylvania General Assembly. Pennsylvania Code 42 – Automatic Retirement on Age
- Debra Todd (Democrat) faces retention in November 2027.9Unified Judicial System of Pennsylvania. Chief Justice Debra Todd
- Sallie Mundy (Republican) also faces retention in November 2027, and as one of only two Republicans on the court, her outcome directly affects the balance.10Ballotpedia. Sallie Mundy
Donohue’s departure is guaranteed. If Todd or Mundy also loses retention, whoever occupies the governor’s office would fill the resulting seat, subject to the two-thirds Senate vote. Depending on how those contests break and who is governing at the time, the court’s partisan composition could look meaningfully different by 2028.