In a critical election for an open state Supreme Court seat, Pennsylvania voters will have the opportunity to choose a candidate that will shape the future of voting and abortion rights in the battleground state. The outcome of this race between Democrat Dan McCaffery and Republican Carolyn Carluccio may not alter the current majority of Democrats on the seven-seat bench, which currently stands at 4-2 in their favor. However, the decision holds significant importance for the state’s legal landscape.
The Pennsylvania Supreme Court has played a pivotal role in major election-related cases in recent years. Notably, it deemed GOP-drawn congressional districts as unconstitutionally gerrymandered and rejected Republican attempts to overturn the 2020 presidential election results in the state. Furthermore, it upheld the constitutionality of the state’s expansive mail-in voting law, leading to criticism from Republicans.
Beyond voting rights, the race has also become a forum for debate on abortion rights. Democrats have highlighted the issue following the U.S. Supreme Court’s decision to overturn Roe v. Wade, which eliminated federal abortion protections established over the past five decades. McCaffery has positioned himself as a defender of abortion rights and other Democratic causes that he believes are under threat from the conservative majority on the U.S. Supreme Court.
Carluccio, on the other hand, has emphasized her experience and aimed to appeal to moderate voters. She points out that judges from both parties elected her as the president judge of Montgomery County, demonstrating her ability to work across party lines. While Carluccio has been endorsed by anti-abortion groups, she has avoided publicly expressing her opinion on the issue, arguing that the debate over abortion rights does not belong in this particular race.
The race has attracted substantial financial support, with more than $20 million pouring in from various sources. Billionaire Jeffrey Yass has backed Carluccio, while labor unions and trial lawyers have thrown their support behind McCaffery.
The Pennsylvania Supreme Court currently faces important challenges, including examining a state law that restricts public funds for abortion services and a law that limits municipalities, including Philadelphia, from imposing restrictions on gun sales and possession.
As Pennsylvania voters head to the polls, the outcome of this election could have long-lasting implications for voting rights, abortion rights, and the balance of power within the state’s highest court.
