Pennsylvania Supreme Court elections, 2021

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Kevin Brobson (R) defeated Maria McLaughlin (D) in the general election for a seat on the Pennsylvania Supreme Court on November 2, 2021. Justice Thomas Saylor (R), who joined the court in 1998, did not run for another term because he turned 75 in 2021. Pennsylvania judges must retire at the end of the calendar year in which they reach 75 years of age. A primary election took place on May 18, 2021.

Mark Scolforo of the Associated Press wrote in July: "The result won’t shift power on the high court, currently with a 5-2 Democratic majority, but in a state where the two parties have for decades been locked into a perpetual death match over political control, it will surely draw considerable money and the most statewide attention."[1]

Brobson received 52% of the vote in the Republican primary, defeating Patricia McCullough and Paula A. Patrick. McLaughlin ran unopposed in the Democratic primary.

The Pennsylvania Supreme Court is the state's court of last resort and has seven judgeships. At the time of the election, five judges on the court were elected in partisan elections as Democrats, and two were elected as Republicans. Since Brobson won, the court's partisan composition remained the same. If McLaughlin had won, there would have been six Democrats and one Republican.

This was the first state supreme court election in Pennsylvania since 2017, when three justices were up for election or retention. Justice Sallie Mundy (R) won election to a full 10-year term after Gov. Tom Wolf (D) had originally appointed her in 2016, and then-Chief Justice Saylor and Justice Debra Todd (D) won retention elections. This did not change the partisan balance on the court.

The partisan balance of the court changed as a result of the 2015 elections from a 4-3 Republican majority to a 5-2 Democratic majority. Justices Kevin M. Dougherty (D), David Wecht (D) and Christine Donohue (D) were elected to three open seats. There were two vacant seats that year after Justices Ronald Castille (R) and Seamus P. McCaffery (D) retired, and Justice Correale Stevens (R) lost in the May 2015 primary.

After 2021, the next scheduled election for a seat on the court is in 2022, as current chief justice Max Baer (D) will reach the mandatory retirement age of 75 that year. After that, the next scheduled state supreme court elections in Pennsylvania will take place in 2025 when the three Democratic justices first elected in 2015 will be up for re-election. Unless there are unexpected vacancies, 2025 is the first year that the partisan balance of the court can change from a Democratic to a Republican majority.

Pennsylvania Supreme Court justices run in partisan elections for 10-year terms. After a judge's first term, he or she must run in a retention election to serve subsequent terms. In the event of a midterm vacancy, the governor appoints a successor who must be approved by a two-thirds vote of the state senate. Interim justices must stand for election at the next general election occurring more than 10 months after the vacancy occurred. Click here to learn more about judicial selection in Pennsylvania.

Our 2020 partisanship study of Pennsylvania Supreme Court judges determined that at the time of the 2021 elections, there were four strong Democrats, one mild Democrat, and two mild Republicans . Click here to read more from our partisanship analysis of all 50 state supreme courts.

During the campaign, Brobson said he wanted to bring a new perspective to the court and supported allowing the public to have easier access to court rulings.[2] McLaughlin said she is known for her commitment and compassion both on and off the bench.[3]

This election is a battleground race. Other 2021 battlegrounds include:

* Mayoral election in Anchorage, Alaska (2021)
* Mayoral election in Anchorage, Alaska (April 6, 2021 general election)
* Ohio's 15th Congressional District special election, 2021 (August 3 Republican primary)

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## Contents

* 1 Candidates and election results
* 2 Candidate profiles
* 3 Polls
* 4 Campaign finance
* 5 Satellite spending
* 6 Campaign ads
* 6.1 Kevin Brobson
* 6.2 Maria McLaughlin
* 7 Debates and forums
* 7.1 September 20, 2021
* 7.2 August 27, 2021
* 8 About the Pennsylvania Supreme Court
* 8.1 Political composition
* 9 Selection
* 9.1 Chief justice
* 9.2 Qualifications
* 9.3 Removal of justices
* 10 Past elections
* 10.1 2017
* 10.2 2015
* 11 See also
* 12 External links
* 13 Footnotes

## Candidates and election results[edit]

General election

##### General election for Pennsylvania Supreme Court

Kevin Brobson defeated Maria McLaughlin in the general election for Pennsylvania Supreme Court on November 2, 2021.

Candidate

Votes

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|
|

✔ |

| Kevin Brobson (R)  |

52.2

| 1,364,138

| Maria McLaughlin (D)  |

47.8

| 1,249,738

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There were no incumbents in this race. Source 1 Source 2

| Total votes: 2,613,876

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Do you want a spreadsheet of this type of data? Contact our sales team.

Democratic primary election

#####  Democratic primary for Pennsylvania Supreme Court

Maria McLaughlin advanced from the Democratic primary for Pennsylvania Supreme Court on May 18, 2021.

Candidate

Votes

|
|
|

✔ |

| Maria McLaughlin |

100.0

| 945,138

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There were no incumbents in this race. The results have been certified. Source

| Total votes: 945,138

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|

Do you want a spreadsheet of this type of data? Contact our sales team.

Republican primary election

#####  Republican primary for Pennsylvania Supreme Court

Kevin Brobson defeated Patricia McCullough and Paula A. Patrick in the Republican primary for Pennsylvania Supreme Court on May 18, 2021.

Candidate

Votes

|
|
|

✔ |

| Kevin Brobson |

52.2

| 505,084

| Patricia McCullough |

32.9

| 317,975

| Paula A. Patrick |

14.9

| 144,291

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There were no incumbents in this race. The results have been certified. Source

| Total votes: 967,350

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Do you want a spreadsheet of this type of data? Contact our sales team.

#### Withdrawn or disqualified candidates

* Carolyn H. Nichols (D)

## Candidate profiles[edit]

This section includes candidate profiles created in one of two ways. Either the candidate completed Ballotpedia's Candidate Connection survey or Ballotpedia staff created a profile after identifying the candidate as noteworthy.[4] Ballotpedia staff compiled profiles based on campaign websites, advertisements, and public statements.

Kevin Brobson

Party: Republican Party

Incumbent: No

Political Office:

Judge, Pennsylvania Commonwealth Court (Assumed office: 2010)

Biography: Brobson earned a B.A. in accounting and economics from Lycoming College in 1992 and a J.D. from the Widener University School of Law in 1995. His career experience includes serving as a Pennsylvania Commonwealth Court judge, and as an attorney in the Harrisburg area and with Buchanan Ingersoll &amp; Rooney PC in Pittsburgh. He served as secretary and chairman of the state Judicial Conduct Board from 2015 to 2019.

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Key Messages

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Brobson said he wanted to bring a new perspective to the court and supported allowing the public to have easier access to court rulings.

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On his website, Brobson said he has ruled "in favor of gun rights, school choice, and, perhaps most notably, the justiciability of constitutional challenges to congressional districts drawn by the state legislature."

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Brobson said he had more appellate experience than other state supreme court justices did when they joined the court.

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Sources: Judge Kevin Brobson, Supreme Court, "Home," accessed September 21, 2021, AP News, "Pennsylvania court vacancies allow voters to shape judiciary," July 31, 2021, The Meadville Tribune, "State judicial candidates talk qualifications," August 30, 2021; ''The United Judicial System of Pennsylvania'', "President Judge P. Kevin Brobson," accessed March 19, 2021

This information was current as of the candidate's run for Pennsylvania Supreme Court in 2021

Maria McLaughlin

Party: Democratic Party

Incumbent: No

Political Office:

Pennsylvania Superior Court judge (Assumed office: 2018) Philadelphia County Court of Common Pleas judge (2011-2017)

Biography: McLaughlin earned a bachelor’s degree from Pennsylvania State University in 1988 and a J.D. from Widener University School of Law in 1992. Her experience includes serving as a Pennsylvania Superior Court judge, a Philadelphia County Court of Common Pleas judge, and working in the Philadelphia District Attorney’s Office.

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Key Messages

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McLaughlin said she was known for her commitment and compassion both on and off the bench.

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McLaughlin said she had the most breadth of experience of any Supreme Court candidate, including having served as an assistant district attorney, Common Pleas judge, and Superior Court judge.

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McLaughlin said she was proud that her judicial decisions had been transparent and that she travelled to all of the state's counties during the campaign.

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Sources: AP News, "Pennsylvania court vacancies allow voters to shape judiciary," July 31, 2021, The Meadville Tribune, "State judicial candidates talk qualifications," August 30, 2021; Judge Maria McLaughlin, “Meet Maria,” accessed March 17, 2021, North East Democrats, "Maria McLaughlin," accessed July 18, 2013

This information was current as of the candidate's run for Pennsylvania Supreme Court in 2021

## Polls[edit]

See also: Ballotpedia's approach to covering polls

If you are aware of polls conducted in this race, please email us.

## Campaign finance[edit]

The chart below details contributions and expenditures for candidates in this race.

## Satellite spending[edit]

See also: Satellite spending

Satellite spending, commonly referred to as outside spending, describes political spending not controlled by candidates or their campaigns; that is, any political expenditures made by groups or individuals that are not directly affiliated with a candidate. This includes spending by political party committees, super PACs, trade associations, and 501(c)(4) nonprofit groups.[5][6][7]

This section lists satellite spending in this race reported by news outlets in alphabetical order. If you are aware of spending that should be included, please email us.

* The Republican State Leadership Committee - Judicial Fairness Initiative raised and spent $221,572 for television advertising supporting Brobson and opposing McLaughlin as of June 8, 2021.[8]
* Pennsylvania Chamber of Business and Industry spent $191,665 for TV production and media buy supporting Kevin Brobson as of September 1.[9]

* Civil Justice Reform Political Action Committee spent $60,000 on campaign development and management supporting Kevin Brobson as of October 19.[9]

## Campaign ads[edit]

This section shows advertisements released in this race. Ads released by campaigns and, if applicable, satellite groups are embedded or linked below. If you are aware of advertisements that should be included, please email us.

### Kevin Brobson[edit]

Supporting Brobson

"JustTheFacts" - Brobson campaign ad, released September 21, 2021

"Stick" - Brobson campaign ad, released September 21, 2021

Opposing McLaughlin

* "The Clear Choice" – Brobson for PA Supreme Court, accessed October 26, 2021

### Maria McLaughlin[edit]

Supporting McLaughlin

"Truth" - McLaughlin campaign ad, released October 25, 2021

"A Mother Knows Best" - McLaughlin campaign ad, released October 25, 2021

"No Training Needed" - McLaughlin campaign ad, released October 19, 2021

"Town to Town" - McLaughlin campaign ad, released October 12, 2021

"No Projector Effect" - McLaughlin campaign ad, released September 24, 2021

"Words of My Father" - McLaughlin campaign ad, released December 10, 2020

"D15s Alt Version" - McLaughlin campaign ad, released September 24, 2021

"D15s First Version" - McLaughlin campaign ad, released September 24, 2021

## Debates and forums[edit]

### September 20, 2021[edit]

Brobson and McLaughlin participated in a Pennsylvania Appellate Courts Candidates' Forum for elections for Supreme, Superior, and Commonwealth Courts presented by Pennsylvanians for Modern Courts and the Free Library of Philadelphia.[10][11] See a recording of the forum below.

"Pennsylvania Appellate Courts Candidates' Forum 2021" -

Pennsylvanians for Modern Courts Channel, released September 22, 2021

### August 27, 2021[edit]

Brobson and McLaughlin participated in a Statewide Judicial Candidates Forum for elections for Supreme, Superior, and Commonwealth Courts presented by the Crawford County Bar Association.[12] See a recording of the forum below.

"Pennsylvania statewide judicial candidate forum" - Armstrong Neighborhood Channel, released August 30, 2021

## About the Pennsylvania Supreme Court[edit]

See also: Pennsylvania Supreme Court

The Pennsylvania Supreme Court is the state's court of last resort and has seven judgeships. A full term on the court is 10 years.

### Political composition[edit]

This was the political composition of the supreme court heading into the 2021 election. Justices on the Pennsylvania Supreme Court are elected to their seats, and replacements are appointed by the governor, subject to the approval of the Pennsylvania State Senate, in the case of midterm vacancies.

■ Thomas Saylor | Sworn in as chief justice in 2015; elected to the court in 1997

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■ Max Baer | Elected in 2003
■ Christine Donohue | Elected in 2015
■ Kevin M. Dougherty | Elected in 2015
■ Sallie Mundy | Appointed by Gov. Tom Wolf (D) in 2016
■ Debra Todd | Elected in 2007
■ David N. Wecht | Elected in 2015

## Selection[edit]

See also: Judicial selection in Pennsylvania

The Pennsylvania Supreme Court consists of seven justices each elected to 10-year terms. Supreme court judicial candidates may run on party tickets. After each term, judges must stand for statewide retention elections in order to remain on the court. In the case of a midterm vacancy, the governor, subject to the approval of the Pennsylvania State Senate, appoints a temporary replacement. Interim judges are allowed to stand for election at the next municipal election occurring more than 10 months after the vacancy occurred; however, by tradition, most interim judges do not stand for election.[13]

Supreme Court justices, like other Pennsylvania judges, are subject to mandatory retirement when they turn 75 years old.

### Chief justice[edit]

The justice with the longest continuous service on the supreme court automatically becomes chief justice.

### Qualifications[edit]

Minimum qualifications for appointment to the court are:[13]

* Resident of Pennsylvania for at least one year.
* Member of the state bar.
* Under the age of 75.

### Removal of justices[edit]

In Pennsylvania, justices may be removed in one of two ways:

* The judicial conduct board or an individual may initiate a complaint. The board conducts an investigation to determine if probable cause exists to file formal charges, and then presents its case to the court of judicial discipline. If the charges are sustained, the court may impose sanctions, ranging from a reprimand to removal from the bench.
* A justice may be impeached by the Pennsylvania House of Representatives and convicted by two-thirds of the state Senate.[14]

## Past elections[edit]

### 2017[edit]

See also: Pennsylvania Supreme Court elections, 2017
Thomas Saylor  was retained in the Pennsylvania Supreme Court (Saylor Seat) election with 68.25 percent of the vote. [15] Pennsylvania Supreme Court (Saylor Seat), 2017

Name | Yes votes
Thomas Saylor| 68.25%
Source: Pennsylvania Department of State, "2017 Municipal Election Official Returns," accessed Jauary 24, 2018

Debra Todd was retained in the Pennsylvania Supreme Court (Todd Seat) election with 70.83 percent of the vote. [15] Pennsylvania Supreme Court (Todd Seat), 2017

Name | Yes votes
Debra Todd| 70.83%
Source: Pennsylvania Department of State, "2017 Municipal Election Official Returns," accessed Jauary 24, 2018

Incumbent Sallie Mundy (R) defeated Dwayne D. Woodruff (D) in the general election for Mundy's seat on the Pennsylvania Supreme Court.[15] General Election for Pennsylvania Supreme Court (Mundy Seat), 2017

Party | Candidate | Vote % | Votes
| Republican  |  Sallie Mundy Incumbent | 52.28% | 1,090,485
| Democratic  | Dwayne D. Woodruff | 47.72% | 995,540
Total Votes | 2,086,025
Source: Pennsylvania Department of State, "2017 Municipal Election Unofficial Returns," accessed December 21, 2017

### 2015[edit]

See also: Pennsylvania Supreme Court elections, 2015

Pennsylvania Supreme Court, Three seats, General Election, 2015

Party | Candidate | Vote % | Votes
| Democratic  |  Kevin M. Dougherty | 18.5% | 1,079,835
| Democratic  |  David N. Wecht | 18.4% | 1,070,568
| Democratic  |  Christine Donohue | 18.2% | 1,059,167
| Republican  | Judith Olson | 15.2% | 887,409
| Republican  | Michael A. George | 13.6% | 796,124
| Republican  | Anne Covey | 13.6% | 795,330
| Independent Judicial Alliance  | Paul P. Panepinto | 2.5% | 144,403
|  | Write-in votes | 0% | 0
Total Votes | 5,832,836
Source: Pennsylvania Department of State, "Unofficial General Election Results," November 3, 2015

Pennsylvania Supreme Court, Three seats, Democratic Primary, 2015

Candidate | Vote % | Votes
David N. Wecht | 22.1% | 256,761
Kevin M. Dougherty | 22.0% | 256,048
Christine Donohue | 21.4% | 248,325
Anne Lazarus | 16.3% | 189,127
Dwayne D. Woodruff | 11.7% | 136,127
John H. Foradora | 6.6% | 76,190
Write-in votes | 0% | 0
Total Votes | 1,162,578
Source: Pennsylvania Department of State, "2015 Municipal Primary Unofficial Results," May 19, 2015
Pennsylvania Supreme Court, Three seats, Republican Primary, 2015

Candidate | Vote % | Votes
Judith Olson | 22.1% | 177,199
Michael A. George | 21.7% | 173,683
Anne Covey | 20.2% | 161,680
Cheryl Lynn Allen | 13.9% | 111,112
Rebecca L. Warren | 11.7% | 93,688
Correale Stevens Incumbent | 10.5% | 83,815
Write-in votes | 0% | 0
Total Votes | 801,177
Source: Pennsylvania Department of State, "2015 Municipal Primary Unofficial Results," May 19, 2015

## See also[edit]

Pennsylvania | Judicial Selection | More Courts

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Courts in Pennsylvania Pennsylvania Commonwealth Court Pennsylvania Superior Court Pennsylvania Supreme Court |  Elections: 2021 • 2020 • 2019 • 2018 • 2017 Gubernatorial appointments Judicial selection in Pennsylvania |  Federal courts State courts Local courts

## External links[edit]

* Search Google News for this topic
* Pennsylvania Supreme Court

## Footnotes[edit]

1. ↑ AP News, "Pennsylvania court vacancies allow voters to shape judiciary," July 31, 2021
2. ↑ The Meadville Tribune, "State judicial candidates talk qualifications," August 30, 2021
3. ↑ Judge Maria McLaughlin, “Meet Maria,” accessed March 17, 2021
4. ↑ In battleground primaries, Ballotpedia based its selection of noteworthy candidates on polling, fundraising, and noteworthy endorsements. In battleground general elections, all major party candidates and any other candidates with the potential to impact the outcome of the race were included.
5. ↑ OpenSecrets.org, "Outside Spending," accessed September 22, 2015
6. ↑ OpenSecrets.org, "Total Outside Spending by Election Cycle, All Groups," accessed September 22, 2015
7. ↑ National Review.com, "Why the Media Hate Super PACs," November 6, 2015
8. ↑ Pennsylvania Department of State, "Republican State Leadership Committee-Judicial Fairness Initiative, Campaign Finance Report," accessed October 25, 2021
9. ↑ 9.0 9.1 Pennsylvania Department of State, "Independent Expenditures List," accessed October 25, 2021
10. ↑ Pennsylvanians for Modern Courts, "2021 Appellate Courts Candidates' Forum," accessed September 16, 2021
11. ↑ WHYY PBS, "Pennsylvania appeals court judge candidates to take part in online forum," September 20, 2021
12. ↑ The Meadville Tribune, "State judicial candidates talk qualifications," August 30, 2021
13. ↑ 13.0 13.1 American Judicature Society, "Methods of Judicial Selection: Pennsylvania," archived October 3, 2014
14. ↑ National Center for State Courts, "Removal of Judges: Pennsylvania," accessed October 15, 2015
15. ↑ 15.0 15.1 15.2 Pennsylvania Department of State, "Declarations of Candidacy Filed by Incumbent Judges for Retention in 2017," accessed March 10, 2017 Cite error: Invalid `<ref>` tag; name "Filing" defined multiple times with different content

Pennsylvania courts

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Third Circuit Court of Appeals • U.S. District Court: Eastern District of Pennsylvania, Middle District of Pennsylvania, Western District of Pennsylvania • U.S. Bankruptcy Court: Eastern District of Pennsylvania, Middle District of Pennsylvania, Western District of Pennsylvania

State courts:

Supreme Court of Pennsylvania • Pennsylvania Superior Court • Pennsylvania Commonwealth Court • Pennsylvania Court of Common Pleas • Pennsylvania Magisterial Districts

State resources:

Courts in Pennsylvania • Pennsylvania judicial elections • Judicial selection in Pennsylvania

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