By Steve Brawner, © 2024 by Steve Brawner Communications, Inc.

Which U.S. Supreme Court justices do the candidates for Arkansas Supreme Court most align with? I asked all of them that question. 

Those include the four in this year’s chief justice race including three current associate justices: Barbara Webb, Rhonda Wood and Karen Baker; along with attorney Jay Martin. The Associate Justice Position 2 race features Justice Courtney Hudson and Circuit Judge Carlton Jones. Voting continues through March 5.

The exact question I asked was: “Which U.S. Supreme Court justice, current or otherwise, most aligns with your judicial philosophy?” The Family Council in the past has asked that question, or something similar, for its voter guide. I lifted the idea.

I asked the candidates to be brief but did not give them a word count. Here’s what they wrote.

Webb: “I believe that my judicial philosophy aligns most closely with Justice Amy Coney Barrett and Justice Neil Gorsuch. Barrett is a common sense conservative who believes that Judges have to ‘stay in their lane’ (my words, not hers) and are not policy makers but rather interpreters of the law and protectors of our Constitution. Gorsuch is a former skilled courtroom lawyer and a strong defender of originalist interpretation of the Constitution and critic of judicial invention or ‘court-made’ law. He is also an advocate of pro bono legal services recognizing the need for equal access to Justice to those who can’t afford a lawyer.”

Wood: “Thank you for reaching out. I do not. I am a constitutional originalist. There have been so many politicized cases nationally that identifying with a single justice unfairly suggests political ideology rather than judicial philosophy.”

Martin: “Rather than commenting on other judges, none of whose philosophy completely aligns with my own, I would rather state my priorities as a judge. I am running to defend the Constitution and Bill of Rights. Judges should not legislate from the bench or trade votes as appellate judges. If we abandon clear legal standards in favor of a judge’s mere opinion, we create an environment where justice is arbitrary and equality under the law is non-existent.  Some have called this phenomenon the ‘tyranny of the black robe.’ To avoid this, we must elect judges who will follow their oath to uphold the Constitution, and to be bound by the Bill of Rights and the founding documents. The only way to accomplish adherence to the Constitution is to strictly construe the Constitution, and to find unconstitutional any statute that violates the Constitution. Without this, the confidence of ‘We, the People’ suffers and we risk losing freedoms that were gained at the price of soldier’s blood.”

Baker: “I have answered this question John Roberts, many times and in five elections. I see no need to change my pick. He tries to hold the court together. His approach is pragmatic and although scandal has rocked the court (the leaking of a draft opinion in Dobbs, accepting lavish gifts, etc.) he has tried to maintain the dignity of the Court and does not wear his partisanship on his sleeve. He does not get the credit he deserves for doing a difficult job.”

The Dobbs v. Jackson Women’s Health Organization decision is the one that opened the door for states including Arkansas to ban abortion. She’s talking about the fact that the opinion was leaked to the Politico news site before it was released. 

I published the Associate Justice Position 2 candidates’ answers in my previous column. Here they are again. 

Hudson: “I have served as a Justice on the AR Supreme Court for thirteen years and two years on the AR Court of Appeals. During that time, I have decided thousands of cases, which can be found at arcourts.gov. My body of work is reflective of several of the current and past justices on the United States Supreme Court. However, I have always had the greatest admiration for the first woman on the high court, former Justice Sandra Day O’Connor, appointed by then-President Ronald Reagan.”

Jones: “It is difficult to select a particular U.S. Supreme Court Justice with whom I believe I identify. The laws of our country, and of our state, should always be interpreted in conformity with the Constitution of the United States and the State of Arkansas. The justices that have ruled in this way will always have my respect – whether I agree, or disagree, with the decision.”

Thanks to all six candidates for participating. Easiest column I’ve ever written. 

Steve Brawner is a syndicated columnist published in 16 outlets in Arkansas. Email him at brawnersteve@mac.com. Follow him on Twitter at @stevebrawner.