Charlton Allen
Republican | North Carolina
Candidate Profile*
Originalist (Conditional)
BIOGRAPHY
Name
Charlton Allen
Party
Republican
Election Year
2022
Election
Primary
Race
Court of Appeals, Seat 11
Incumbent
No
Links
EDUCATION
University of North Carolina, Chapel Hill, B.A. in Ed., 1993
University of North Carolina, Chapel Hill, Juris Doctor, 1996
WORK & MILITARY
Candidate did not provide
AFFILIATIONS
UNC College Republicans, Chairman, The Carolina Review
Publisher/Founder, Iredell County Republican Party, Chairman
New Hanover County Republican Party, Chairman, NC Federation of Republican Men
State President, My church, Lector
POLITICAL OFFICES HELD
Commissioner, NC industrial Commission, 2014-2021
Chairman/Chief Judicial Officer/CEO, North Carolina Industrial Commission, 2016-2019
POLITICAL OFFICES SOUGHT
NC House, 2012
ENDORSEMENTS*
CONSERVATIVE (1)
*Durham County Republican Party
REPORTED BY CANDIDATE (1)
I am not accepting endorsements from politicians who may have business before the court at this time. I welcome group endorsements and will publish these as appropriate.
SELECTED CONTRIBUTIONS
CONSERVATIVE
GIVEN BY CANDIDATE (4)
Chris Carney (2012)
Donna.Stroud (2006)
Jonathan Jordan (2010)
Local, County, and District Republican Organizations (2012)
RECEIVED BY CANDIDATE (1)
Tim Moore (NC) (2012)
LIBERAL
GIVEN BY CANDIDATE (0)
RECEIVED BY CANDIDATE (1)
North Carolina Advocates for Justice (2012)
OTHER INFORMATION
Charlton Allen has served as the Commissioner of the North Carolina Industrial Commission since 2014.
QUESTIONNAIRE
JUDICIAL PHILOSOPHY
Justices should not interpret the federal and state constitutions as living documents, but should use a textualist and originalist approach to interpretation.
Strongly Agree
What is the proper use of legislative history in interpreting statutory law?
None. Use of legislative history is inconsistent with textual interpretation. Besides, there may be a different legislative intent for every legislative member who supported the passage of the statute.
Which current or past U.S. Supreme Court justice best reflects your judicial philosophy?
Justice Antonin Scalia and have cited him in dissents I have issued in cases.
How should a court address the balance between public health and individual freedoms in the time of a pandemic?
All too often in the recent pandemic, I believe our constitutional rights were pushed aside as if these were trifles to be dispensed with by political leaders. Our constitutional rights are the bedrock upon which the republic is based. Constitutional liberty is paramount.
In light of the case Bostock v. Clayton County, in which the U.S. Supreme Court interpreted the 1964 Civil Rights Act to include a prohibition on sexual-orientation discrimination, which justice’s opinion most closely aligns with your own opinion?
Justice Alito.
What role (if any) does a judge have in maintaining the separation of church and state?
The first amendment to the U.S. Constitution prohibits the state establishment of religion and recognizes each of us has the right to the free exercise of our religious beliefs. This includes in the public square. Separation of church and state, as articulated in the Everson v. Board of Education decision, specifically relied on correspondence that is not a part of the constitution. As a textualist, I find this troubling, and of more concern, it has been used to limit individuals and groups from free exercise within the public square.
Religious liberty is at risk in the United States and deserves the highest level of protection in the law.
Strongly Agree
When should a judge overturn past court decisions?
Only in limited circumstances such as the court exceeded its authority or the constitution.
How should a judge determine which rights are protected by the Constitution even though they are not specifically mentioned?
If rights are not specifically mentioned in the constitution, it would be an exercise of judicial fiat to impress these into the constitution, except for a right under the Ninth Amendment of the federal constitution, or Art. 1, Section 36 of the N.C. Constitution.
What legal principles should a court consider when evaluating parents’ objection to their child obtaining medical procedures or drugs designed to affirm the child’s desired gender?
Parents have a fundamental right to parent their children without unwarranted interference from the state.
What principles should guide a court’s analysis of whether your state’s constitution gives terminally ill patients a right to assisted suicide?
Textualism.
Would you describe your judicial philosophy as originalist, living constitutionalist, or something else?
Originalist/textualist.
ABOUT YOU
What education or experience qualifies you to hold the office for which you seek election?
After nearly 17 years of private practice as an attorney, I was confirmed as a Commissioner of the North Carolina Industrial Commission, the tribunal designated in North Carolina for the adjudication and administration of workers’ compensation cases, eugenics compensation program matters, state tort claims, and other matters under North Carolina law. I served nearly 7 years as a commissioner, including approximately 3 years as the Chairman of the Commission. As Chairman, I was the Chief Executive Officer and Chief Judicial Officer. Under my leadership, the Commission commenced a number of significant reforms, including my groundbreaking opioid and pain management initiative—fundamentally addressing opioid abuse in workers’ compensation cases before it can start. I am a mediator for superior court matters certified by the North Carolina Dispute Resolution Commission. I served as a leader in the Teenage Republicans, College Republicans, Young Republicans, county GOP chairman in two counties, and President of the North Carolina Federation of Republican Men.
Why should the voters choose you?
I am a lifelong conservative and Republican who has demonstrated fidelity to our principles. Unfortunately, my opponent in the primary has a prolific record of party switching and questionable campaign contributions. Further, I have significant experience issuing hundreds of orders and opinions in cases, and also dissents when appropriate.
I voted in these primaries and general elections:
2012 Republican Primary 2012 General Election 2014 Republican Primary 2014 General Election 2016 Republican Primary 2016 General Election 2018 Republican Primary 2018 General Election 2020 Republican Primary 2020 General Election
VALUES
I agree with Critical Race Theory (CRT) which asserts that the institutions in the United States are fundamentally racist.
Strongly Disagree
Judeo-Christian values established a framework of morality that is necessary for our system of limited government.
Strongly Agree
Briefly describe your spiritual beliefs and values.
Christian. I am an active member and participant in the life of my church. My faith is very important to me, and I work to have it guide me.
What types of pro bono work have you done?
I have advised conservatives on an individual and group basis on legal issues.
