Pennsylvania’s most extreme right-wing legislators are in national headlines thanks to their key role in attempting to undermine the presidential election despite such claims being repeatedly rejected by many courts including Pennsylvania Supreme Court.
Indeed, the critical function of independent state courts in upholding democracy has never been made clearer than in the last few weeks—which is some of those same lawmakers are attempting to bulldoze Pennsylvania appellate courts through judicial gerrymandering.
We will not mince words: In more than four decades as a non-partisan law firm in the Commonwealth, House Bill 38 (formerly HB 196) is the biggest threat to democracy in Pennsylvania we have ever seen.
Every issue you may care about—racial equity, reproductive rights, LGBTQ+ equality, climate, civil rights broadly—will be negatively affected if this power grab is successful.
Watch this brief video to learn more:
https://www.facebook.com/watch/?v=274640333958758&extid=fNBBGgRZUFhSuDAk
We have reviewed several justifications for HB 38 (R-Diamond) espoused by its supporters. They are simply deceptive marketing efforts.
Judges interpret state law; unlike legislators, they don’t represent people from different parts of the state. There is no such thing as a regional interpretation of the state constitution. In fact, the job of appellate judges is often to resolve a dispute that arises from regional disputes.
We are a nation of checks and balances. We must preserve judicial independence in Pennsylvania.
The Plan to Destroy Judicial Independence in Pennsylvania
Judges are elected in partisan races in Pennsylvania. If we fail to stop HB 38, the party in control of the Legislature would be empowered to carve Pennsylvania into randomly made-up “districts” including seven new Supreme Court districts, 15 Superior Court districts, and nine Commonwealth Court districts.
Incredibly, they’re also giving themselves the right to willy-nilly decide when to invent a new district. That means lawmakers could, for example, decide to knock a judge they don’t like off the bench by choosing to redraw a district when they’re up for retention, effectively banning them from the race.
They are trying to give themselves the power to shape the very benches that rule on the constitutionality of their legislation.
To do it, they have to deprive you of your vote. Under this scheme, you will only be able to vote for judges from your “district” instead of the full slate of the most qualified judges from across the Commonwealth.
HB 38 is an Emergency. We Need You To Help Our Courts.
HB 38 is a constitutional amendment, which means the process of passing it is different than typical legislation.
To become law, Constitutional amendments like HB 38:
- Must pass two sessions in a row
- Must go before voters as a ballot initiative
- Can NOT be vetoed by the Governor
Pennsylvania lawmakers already passed HB 38 for the first time last session (it was known as HB 196 then), which means it only needs to pass once more to go on the ballot this May.
Check if your state Representative voted for it last session here and if your state Senator voted for it here.
Research shows the vast majority of Pennsylvanians who do not know about or understand a ballot question vote yes. (Please stop doing this.)
The nation is in the throes of multiple crises and a record number of Americans are dying every day, but the top priority for these Pennsylvania lawmakers is taking advantage of the chaos to sabotage our courts.
Late yesterday, they scheduled HB 38 for a vote this morning, Wednesday, January 13, in the Pennsylvania House Judiciary Committee.
The Vote is Scheduled for 10AM. Take Action Now.
- Contact members of the House Judiciary Committee and urge them to vote NO on HB 38.
- Contact your Pennsylvania House Representative in every way possible and urge them to oppose HB 38.
- Share this message and urge your friends to respond to this unprecedented attack on democracy in Pennsylvania.
The Women’s Law Project is a public interest law center in Pennsylvania devoted to advancing and defending the rights of women, girls, and LGBTQ+ people in Pennsylvania and beyond.
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