Kevin Dougherty has been rated as Leans Activist by iVoterGuide in 2025.

Justice Dougherty – Berks Dems Candidate Profile.

Fellow, Georgetown Public Policy Institute. (retaindougherty.org)

Justice Dougherty’s campaign highlights the “Statewide Behavioral Health Initiative,” which seeks to reform how courts handle cases involving mental health and substance use disorders. 

Justice Dougherty launched the Autism and the Courts initiative in 2020 to make the judicial system more accessible and trauma-informed for individuals with autism spectrum disorder (ASD).

In Allegheny Reprod. Health v. PA DHS (2024), Justice Dougherty agreed with the majority that abortion Providers could bring the case and that prior case, Fischer, should be overturned, but he argued that the majority went too far by deciding abortion is a fundamental right protected by the Pennsylvania Constitution and would have sent the case back to the lower court for further consideration.

For a more detailed summary, see case summary. Justice Dougherty partial concurrence and dissenting opinion.

In Commonwealth v. Barr (2021), Justice Dougherty agreed with the majority that the smell of marijuana alone cannot justify a car search, but he disagreed with their decision to reinstate the suppression order without the lower court reviewing the facts.

For a more detailed summary, see case summary.

In Pennsylvania Democratic Party v. Boockvar (2020) the Court considered statewide mail-in voting rules for the 2020 election. Justice Dougherty joined the majority which held that drop boxes and satellite offices were allowed, ballots could be counted if received three days late because of COVID-19, ballots without a secrecy envelope could be rejected, and poll watchers had to live in the county. 

For a more detailed summary, see case summary.

In Commonwealth v. Alexander (2020), Philadelphia police searched the defendant's car without a warrant after smelling marijuana and found heroin. Justice Dougherty dissented, disagreeing with the majority's decision to overturn Commonwealth v. Gary and warned that Pennsylvania's Constitution should not be interpreted to give broader privacy protected than intended.

For a more detailed summary, see case summary.