Barbara Webb
Non-Partisan | Arkansas
Candidate Profile
Leans Originalist
BIOGRAPHY
Name
Barbara Webb
Party
Non-Partisan
Election Year
2024
Election
Primary
Race
Supreme Court, Chief Justice - Position 1
Incumbent
No
Links
EDUCATION
University of Arkansas at Little Rock, Little Rock, Arkansas, Juris Doctorate, 1982
University of Arkansas, Fayetteville, Arkansas, Bachelor of Arts - Political Science, 1979
John L. McClellan High School, Little Rock, Arkansas, High School Diploma, 1975
WORK & MILITARY
Prosecuting Attorney for the 7th and 22nd Judicial Districts, 1997-2002
Circuit Judge, 2017-2018
Chief Administrative Law Judge AR Workers’ Compensation Commission, 2019-2020
AFFILIATIONS
Arkansas Ethics Commission, Commissioner, Arkansas Bar Association
member, Arkansas Crime Lab Board, member
Arkansas Administrative Law Judges Association, President, Presbytery of Arkansas
Moderator, Arkansas Coalition for Juvenile Justice, member
Arkansas Child Abuse and Neglect Prevention Board, member, Arkansas Access to Justice Commission
Supreme Court liaison, Ouachita Area Boy Scout Council, Legal Counsel
Royal Players, Inc (community theater), President
POLITICAL OFFICES HELD
Supreme Court Justice, 2021-current
Alderman - City of Benton Arkansas
This is a Test., 2023-2024
POLITICAL OFFICES SOUGHT
Candidate did not provide
Race
SELECTED CONTRIBUTIONS
CONSERVATIVE
GIVEN BY CANDIDATE (3)
Republican National Committee (2018)
State Republican Party Organizations (2016)
Mike Huckabee (2015)
RECEIVED BY CANDIDATE (0)
OTHER INFORMATION
Background: [arcourts.gov]
- Justice Barbara Webb, running for office of Chief Justice, was elected in a nonpartisan race to the Arkansas Supreme Court in 2020.
- Justice Webb has been married to husband Doyle Webb for 36 years.
- From 2019-2020 she was the Chief Administrative Law Judge at the Arkansas Workers’ Compensation Commission 2015-2017.
- In 2018 Justice Wood served as a Circuit Judge.
- From 2015-2017 Justice Webb served as the Chief Executive Officer of the Arkansas Workers’ Compensation Commission.
- Member of the Arkansas Ethics Commission, Arkansas State Crime Lab Board, Arkansas Coalition for Juvenile Justice, and the U.S. Department of Justice Anti-Terrorism Task Force. [ualrpublicadio.org]
- Republican State Leadership Committee supported her candidacy in 2020. [Katv.com]
Education:
- Received J.D. University of Arkansas at Little Rock Bowen School of Law (1982)
Community Involvement: [webbforarkansas.com]
- Elder, Deacon and Sunday School Teacher [arcourts.gov]
- Helped found Safe Haven, Inc., a domestic violence shelter in Arkansas.
Judicial Philosophy:
- Said she is an originalist [iVoterGuide Candidate Questionnaire #15]
- Believes Chief Justice Marshall and Justice Amy Coney Barret best reflects her judicial philosophy. [iVoterGuide Candidate Questionnaire #16]
- Question: “Justice are limited in what they can talk about and what they can say. Should justices be able to do more, say more? Where do you think the boundaries are on what a judge can and cannot do when campaigning for office to let people know more about what kind of chief justice they would be?”
- Answer: “I am the only candidate that has traveled to all 75 counties, in my last election, and talked to people and heard what they said they want in a chief justice and what they want in the court. And they want justices that are responsive to the people. They want know where justice stands. We cannot use our political beliefs, but every judge has certain value systems and beliefs. They want to know what the judges' beliefs are. They also want to know that the judges are there for the right reasons and they are not going to try to make law that they're going to interpret the constitution and apply it as it was written originally intended to be.” [see interview here]
Notable Cases:
- Bentonville School District v. Sitton (2022): Wrote dissent. Argued that review of temporary restraining orders were supposed to be handled with a large amount of deference, and that all that was sufficient for the order to be upheld was "a reasonable likelihood of success" under Ark. Dep’t of Hum. Servs. v. Ledgerwood (2017). Argued that the majority and concurrence "have reached deep into caselaw to support a finding that not only prejudges the issues below but snuffs out the constitutional rights of fit people to parent their children" (18-19). Since the majority analyzed the claims of the parents, the dissent countered that, while the school board had some statutory authority over education, that did not extend to the ability to override health decisions a parent makes for his or her child (20). Argued that the majority "legislate to the board unlimited control of children in public school. Using this broad interpretation of the statute, decisions about a child’s health care, medication, and gender identity will fall under the school board’s power to mandate in the name of an 'efficient' and 'free' education." (21)
- Thurston v. League of Women Voters (2022) Wrote majority opinion. Held that sovereign immunity did not prohibit plaintiffs from challenging the constitutionality of four election laws because of the precedent of Martin v. Haas (2018), which held that the proper analysis to determine whether sovereign immunity applied was determining whether plaintiff sufficiently alleged a violation of constitutional rights and only sought equitable relief (6). Held that the League had alleged sufficient facts and that therefore Thurston was not entitled to sovereign immunity (7).
- Macklin v. Arkansas Department of Human Services (2021): Wrote majority opinion. Held that the circuit court improperly dismissed a mother's (whose daughter "M.S." had been found dependent-neglected and removed from her custody) petition to prevent her daughter from being vaccinated over her religious or philosophical objection (1). The circuit court which adjudicated M.S. dependent-neglected held, "This Court maintains its refusal to make a ruling prohibiting DHS from immunizing this child. As DHS is the legal custodian of the juvenile, the Department can make medical decisions that are in the best interest of the child" (3). Held that the case was ripe despite DHS communicating to Macklin that it did not plan to vaccinate M.S. as long as she was in foster care because that communication was not part of the circuit court's record and therefore could not be considered on appeal (5). Held that, instead, the record showed that DHS planned to immunize M.S. if her medical evaluation recommended it (6). Held that, while the General Assembly passed Ark. Code Ann. § 6-918-702 requiring vaccination for admittance to licensed day care centers, public or private schools, "in enacting this wide-reaching immunization mandate, the General Assembly has also provided for exemptions from immunization if 'the parents or legal guardian of that child object thereto on the grounds that immunization conflicts with the religious or philosophical beliefs of the parent or guardian.' Ark. Code Ann. § 6-18-702(d)(4)(A). Accordingly, our legislature has recognized that the State’s interest in promoting the health and safety of its children must yield to the rights of parents to make fundamental decisions in the lives of their offspring. In the case before us, Macklin exercised her right to exempt M.S. from immunization, as was her right as a parent. It is the role of the General Assembly, not the courts, to establish public policy...We therefore reverse and remand..." (9).
- In re Response to the COVID-19 Pandemic/Vaccine Eligibility (2021): Signed the unanimous order that the governor immediately make the COVID vaccine available to Arkansas judges, lawyers, and juries (1-2).
- In re Response to the COVID-19 Pandemic (2021): Signed majority order that (with certain caveats) landlords must argue that their property is not included in the CARES Act before evicting their tenants (1).
See also: Justice Barbara Webb's interview on Capitol View
QUESTIONNAIRE
RIGHT TO LIFE
Was Dobbs v. Jackson rightly decided according to the text of the Constitution? Please explain.
Yes. The decision in Roe v. Wade was not based on a textual Constitutional right, but rather under what was described as a "penumbra" of textual rights.
I support a right to accelerate ending a human life.
Strongly Disagree
Human life deserves legal protection from conception until natural death.
Choose not to answer
These issues of abortion and the death penalty may come before the Arkansas Supreme Court.
RELIGIOUS LIBERTY
Religious liberty is at risk in the United States.
Strongly Agree
VALUES
Briefly describe your spiritual beliefs and values.
I have a strong faith in God and Jesus Christ. I would like to be remembered as a person who treated others the way she wanted to be treated and loved her Lord, her family, her friends, and the Law.
What is your view of parental rights regarding the upbringing of children, specifically education and sexual "identity"?
I believe that the parents -- not the State -- have the right to make fundamental decisions regarding their children. My majority opinion in Macklin v. Arkansas Department of Human Services, 2021 Ark. 151, 624 S.W. 3d 869, (involving vaccinations) and my opinion in Bentonville School District, et al. v. Matt Sitton, 2022 Ark. 90, 643 S.W.3d 763 (involving mask mandates) exemplifies my view about the primacy of a parents' role in the care and nurturing of a child.
I support "gender identity" as a specially protected class. Please explain.
Strongly Disagree
What do you believe to be true about the human condition?
According to the Bible the natural human condition is sinful and estranged from God. Thanks to the grace of God and the salvation of Jesus Christ, we can look forward to the human condition being restored to the ideal perfect environment and relationship with our Creator.
EQUALITY
I agree with Critical Race Theory (CRT).
Strongly Disagree
ABOUT YOU
What, if any, church or organizations do you belong to?
I belong to a Christian denomination. I belong to the Federalist Society.
I voted in these primaries and general elections:
2014 Republican Primary 2014 General Election 2016 Republican Primary 2016 General Election 2018 Republican Primary 2018 General Election 2020 Republican Primary 2020 General Election 2022 Republican Primary 2022 General Election
Have you ever been convicted of a felony? If so, please explain.
No.
Have you ever been penalized for sexual misconduct in either civil or criminal court? If so, please explain.
No.
Would you describe your judicial philosophy as originalist, living constitutionalist, or something else? Please explain.
I am an Originalist.
JUDICIAL PHILOSOPHY
Which current or past U.S. Supreme Court justice best reflects your judicial philosophy?
Chief Justice Marshall is the very model of what a chief justice should be and a staunch defender of judicial independence. Justice Amy Coney Barrett is a role model for women justices like me who have a conservative judicial philosophy and believe in the rule of law and the Constitution.
Is there a separation of church and state in the Constitution? Please explain.
No. In the First Amendment, the Free Exercise Clause guarantees the right to the free exercise of one's religious beliefs, and the Establishment Clause prevents the government from compelling a person to adopt a national religion like the Church of England. The Constitution keeps the government from controlling a person's spiritual life.
Should courts address threats to religious liberty in the United States? If so, how?
Yes. Every judge takes an oath to uphold and defend the Constitution. The First Amendment specifically prevents government from interfering with the free exercise of one's religious beliefs.
Was Obergefell v. Hodges rightly decided according to the text of the Constitution? Please explain.
The decision was based on a very broad interpretation of the Equal Protection Clause of the Fourteenth Amendment. I agree with the dissent by Justice Scalia that the majority opinion overstepped the bounds of the Court's authority both by exercising the legislative, rather than judicial, power and by doing so in an area that the Constitution reserves for the States.
Was Bostock v. Clayton County rightly decided under the law? Please explain.
This was also an overstep
I agree that “the custody, care and nurture of the child reside first in the parents, whose primary function and freedom include preparation for obligations the state can neither supply nor hinder.” (Troxel v. Granville, 530 U.S. 57, 65-66 (2000); quoting Prince v. Massachusetts, 321 U.S. 158, 166 (1944).
Strongly Agree
What should a judge do when legislative texts and court precedents dictate different results?
In my view, the legislature makes the laws; it is the Courts' role to interpret the laws in accordance with the Constitution. In my majority Opinion in the LEARNS case, the Court reaffirmed precedent and concluded that the emergency clause was passed in compliance with the Arkansas Constitution. Ark Dep't. of Education v. Jackson, 2023 Ark. 140, 675 S.W,3rd 416
When should a judge overturn past court decisions?
A judge should overturn past decisions when they are wrongly decided under the state or federal constitutions or when they contain a gross error of law and fact.
When, if ever, should a judge take popular opinion or the social views of the majority into consideration?
Never.
Do you believe the meaning of the Constitution changes over time, absent changes through the amendment process of Article V?
No
I am an Originalist.
What do you believe is the single most important quality a judge should possess?
Integrity.
If you are an incumbent judge, describe a recent instance in which you acted to preserve your judicial independence. If you are an aspiring judge, how do you plan to remain independent if elected to the bench?
In an effort to be transparent, I recently disclosed to all parties in the appropriate cases that my husband held a position in the Executive Branch in order to avoid any appearance of conflict or bias.
2ND AMENDMENT
The right to bear arms is fundamental and must be protected.
Strongly Agree
OTHER IMPORTANT ISSUES
Which branch of government do you believe was intended to wield the most authority?
All branches are coequal.
How should the court address public health and individual freedoms in the time of a public health emergency?
Enforce the Constitution.
