Rulings made by the Pennsylvania Supreme Court in the 2020 election were critical in protecting the win President Joe Biden tallied in the Keystone state. Had Republicans had their way, millions of votes in the Commonwealth cast by mail would have been tossed and Donald Trump would have been declared the winner. The Pennsylvania Supreme Court, comprised of five Democrats and two Republicans, duly elected by the majority of Pennsylvanians, stopped that from happening and the Republicans in the State Legislature are infuriated.

A partisan power grab

Republicans, who enjoy a majority in the Pennsylvania House and Senate, due to the effects of extreme gerrymandering, have set their sights on dismantling the Pennsylvania Supreme Court. In a blatant power grab the Republican majority in the House and Senate have passed HB 38, a bill that will change the way we elect appellate court judges and justices.

Instead of electing them in statewide elections the same way we elect U.S. Senators, the Governor and other statewide officials, their legislation will place a constitutional amendment on the May 18, 2021 primary ballot creating seven judicial districts in which appellate court candidates will have to run. Unfortunately, the Governor cannot veto the legislation because the state constitution does not provide him the power in regard to constitutional amendments.

The Republican Golden Rule: “If you can’t beat ‘em, gerrymander ‘em.”

By creating judicial districts, the Republicans can take advantage of the gerrymandering tactics they used to produce their state House and Senate majorities and scheme to elect a Supreme Court with a majority of republican justices. This move will upset the balance of power the framers envisioned in the United States constitution which is the model for our Pennsylvania constitution.

Establishing judicial districts will in effect make appellate court judges and justices representatives of their geographical jurisdictions, more susceptible to parochial and partisan interests. Furthermore, it would give the legislative branch the power to redistrict boundaries allowing them to gerrymander out judges and justices who have earned their displeasure.

“If it ain’t broke, don’t fix it.”

Statewide elections are not subject to partisan gerrymandering.

In Pennsylvania we have three branches of appellate courts, the Commonwealth Court, the Superior Court and the Supreme Court, all elected in statewide elections. The Republicans have had for several years a majority of judges on two of the three appellate courts. The Supreme Court is the only appellate court with a majority of Democrats, creating an important check in a system that prizes checks and balances.

The tyranny of the minority.

We cannot allow this amendment to pass. The result will marginalize the voices of a true majority of Pennsylvanians and embolden the tyranny of minority points of view and special interests. Our judges and justices have no business representing local jurisdictions.

A judge’s duty is to interpret and apply the law free of outside influences, personal biases or geographic interests. It is their solemn responsibility to adjudicate in the best interests of all the people of the Commonwealth, not to represent the narrow and partisan interests of the regions where they may be elected or the political party of their registration.

Thanks for reading,

Kristine

 

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