Why Pa. votes on Supreme Court justices, and why races are so contentious

Pennsylvania one of few states with justice elections; lots of outside money involved

PHILADELPHIA (KYW Newsradio) — The race for a seat on Pennsylvania’s Supreme Court won by Republican Kevin Brobson over Democrat Maria McLaughlin was expensive and aggressive, and a not-often-seen kind of race across America.

Villanova law professor Michael Moreland says Pennsylvania remains one of a handful of states that still elect justices in partisan races, despite efforts to amend Pennsylvania’s Constitution.

“While there is sometimes something distasteful about seeing judges run on partisan ballots, and spending a lot of money and advertising, at the end of the day, it's the choice of Pennsylvanians to do it that way," said Moreland.

“Some other states, Wisconsin, notably, recently has had some very hotly contested and very expensive judicial, State Supreme Court races.”

Based on unofficial results, it looks like Republican Kevin Brobson beat Democrat Maria McLaughlin in a race that cost about $5 million, with a lot of it coming from special interests.

It wasn’t just the money. Brobson’s campaign change a TV ad after the bar association said it violated their standards. dropping a reference to one of Maria McLaughlin’s campaign donors, and giving more context about a ruling she was involved with.

But as Moreland points out, it’s no surprise outside interests are so involved.

“Republicans were very concerned to try to elect a Republican to keep the five-two balance and not let it slip to six-one," said Moreland.

“The groups know, save for school choice efforts, that a more conservative nominee is likely to be more favorable to them, just as labor unions...understandably think that more progressive Democratic candidates will be favorable to them."

Brobson will take the place of Republican Thomas Saylor as Saylor hits the mandatory retirement age of 75. Another seat will open next year as Chief Justice Max Baer will turn 75.

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