The last time the term “bear” featured so prominently in a political ad, Ronald Reagan used the creature to represent the USSR. But one PA judge wants voters to know they can protect their children with “the bear.” Max Baer, that is.

In the nebulous area where the judiciary and political arena collide, Supreme Court Justice Max Baer released a television advertisement for his retention. His retention is one of a few statewide decisions that voters will decide upon Election Day. The commercial lets voters know that “the Bear” is and will be a defender of Pennsylvania’s children.

“When it comes to protecting Pennsylvania’s children, few have done more than Max Baer.”

Max Baer changed Pennsylvania’s foster care system… Now 7000 children live in permanent family homes.”

The upbeat commercial notes promotes the benefit of foster care reform, “Saving us, the taxpayers, $117 million.”

Baer, a former PA deputy attorney general, had fought for children’s rights before he became a Supreme Court justice. He could no longer lobby for children and families once elected, as observed in his official resume.

The Pittsburgh Post-Gazette found that the Supreme Court justice is going to spend $188,000 just to air the ad in the Steel City between 10/31-11/4.

In its final seconds, the ad asks voters to elect Baer, “For our children’s sake.”

Tea Party Challenge

The ad is one part of an unusual judicial election.

Over the summer, Max Baer hired a political consulting firm for his candidacy. This firm found in a poll that while Baer would probably win a majority of votes, he still ran too close of a risk of losing the election due to widespread anti-incumbent sentiment. As a result, “the consulting firm suggested the justice put together a commercial to air, emphasizing his work regarding children’s issues.”

In Pennsylvania, voters simply vote “yes” or “no” on retaining sitting justices for another ten-year term. These justices traditionally do not advertise their bid. However, interest groups typically have not threatened to deny justices retention.

In September 2012 Independence Hall Tea Party PAC warned, “that it will organize to defeat Pennsylvania Supreme Court Justice Ron Castille, a Republican, and PA Supreme Court Justice Max Baer, a Democrat, in their respective 2013 retention races, if Voter ID is not implemented in the November, 2012 General Election.”

The Supreme Court did not mandate voter identification, and like any good elephant, they didn’t forget.

“We have contacted over 170 Tea Party and Patriot groups across Pennsylvania to ask that they join us in urging the rejection of Justices Ron Castille and Max Baer for their role in obstructing the implementation of the Voter ID law in both the 2012 and 2013 Pennsylvania Primary and General Elections.”

Even though Baer has the support of both state parties, his campaign must consider the Tea Party challenge genuine.

Baer became a state Supreme Court justice in 2003, defeating Joan Orie Melvin.

The only time Pennsylvania voters opposed retention was in 2005, when a majority voted “no” on Russell Nigro. Forced to choose a replacement, Governor Rendell named Cynthia Baldwin as an interim justice.