Pennsylvania’s Supreme Court Election Could Drastically Impact Our Air and Our Country

By Liz Green Schultz

Liz Green Schultz is Political Director of Clean Air Action, an attorney, and cohost of the award-winning podcast Cleaning Up Dirty.

In the coming years the Pennsylvania Supreme Court will hear cases that affect every Pennsylvanian, like protecting our air from dirty energy. They may even hear cases that affect every American by impacting U.S. Presidential elections. It is as urgent as ever to show up to the polls on November 4 and vote yes to retain Justices Donohue, Dougherty, and Wecht.

Pennsylvania voters elect most of our judges. After each judicial term, voters decide whether to “retain” them. Misleading information about the three Supreme Court justices up for retention was mailed across Pennsylvania urging voters to “term limit the liberal Supreme Court.” It was funded by a Political Action Committee (PAC) with ties to Libertarian billionaire Jeffrey Yass. Though retention votes rarely draw headlines, this one carries enormous implications for every town, city, and county in our Commonwealth.

Justices Donohue, Dougherty, and Wecht have upheld a vision of the law that respects state authority and local autonomy. Losing that balance would jeopardize the say that Pennsylvanians have in the rules that govern our daily lives.

A truly independent judiciary safeguards the balance of power that makes democracy work. It ensures that when local governments act to protect their residents, they aren’t automatically overruled by state officials chasing ideological agendas. In 2013, for instance, the court struck down parts of a law that forced municipalities to allow oil and gas drilling in nearly every zoning district. That decision affirmed our right––guaranteed by the Pennsylvania Constitution––to “clean air, pure water, and the preservation of the natural environment.”

But that principle is not guaranteed. Preemption is one practice that jeopardizes it: Preemption prevents local governments from acting on issues that affect their communities due to state laws that override local authority. In recent years, legislators have introduced new preemption measures at a record pace. Industries from fossil fuels to pharmaceuticals have pushed the courts to further weaken local authority to advance their corporate interests. The outcomes of future court cases—and the willingness of our justices to uphold people power—will dictate whether communities can craft their own solutions to their most pressing issues.

This is a constant legal battle between states and the federal government, and between the executive branch and the legislature. My cohost and I regularly discuss it on our podcast, Cleaning Up Dirty. 

Philadelphians have spent years organizing for cleaner air, better housing, and safer streets. City officials tried to enact stronger gun safety laws to stem an epidemic of shootings, yet state law forbids them from even requiring permits or waiting periods before purchasing a gun. The same kind of state interference prevented local governments from requiring developers to build climate-resilient infrastructure or regulating toxic emissions—until the State Supreme Court struck down parts of Act 13 in Robinson Township v. Commonwealth of Pennsylvania. When Pittsburgh passed a paid sick leave ordinance to protect workers’ health in 2015, corporate lobbyists invoked state preemption to challenge it. In 2022, local leaders passed proactive ordinances to protect access to abortion care, as state lawmakers introduced “heartbeat bills” in attempt to tie their hands.

Each example points to a deeper question: Who decides what’s best for Pennsylvania’s communities, the people who live here or corporations trying to profit off the Commonwealth?

Retaining justices who value judicial independence and constitutional rights is essential to protecting decades of hard-fought legal protections. 

On November 4, vote yes to retain Justices Donohue, Dougherty, and Wecht. We must protect Pennsylvanians’ ability to shape our own future without interference from corporate profiteers, particularly in the face of the energy crisis that is looming due to the rise of data centers. Pennsylvanians are depending on a court that honors the voices of the people and the power of local democracy.