Gunner DeLay
Non-Partisan | Arkansas
Candidate Profile
Originalist
BIOGRAPHY
Name
Gunner DeLay
Party
Non-Partisan
Election Year
2022
Election
Primary
Race
Supreme Court, Position 6
Incumbent
No
Links
EDUCATION
Candidate did not provide
WORK & MILITARY
Candidate did not provide
AFFILIATIONS
Candidate did not provide
POLITICAL OFFICES HELD
Candidate did not provide
POLITICAL OFFICES SOUGHT
Candidate did not provide
Race
SELECTED CONTRIBUTIONS
CONSERVATIVE
GIVEN BY CANDIDATE (1)
State Republican Party Organizations (2021)
RECEIVED BY CANDIDATE (1)
Gun Owners of America (2010)
OTHER INFORMATION
Judge Gunner DeLay has served as a judge for the Arkansas 12th Judicial Circuit since 2018. Before that, he previously served as a legislator in the Arkansas House of Representatives and the Arkansas Senate.
From His Campaign Website:
- Judge DeLay says that his career is one "dedicated to good public policy" and tells about his actions in the state legislature and statements while running for attorney general.
- DeLay stated in his campaign announcement video, "Like Justices Anthony Scalia and Clarence Thomas, I'm a strong believer in judicial restraint when it comes to interpreting statutes and the Constitution. Judges should be guided by the original intent of the framers and the plain language of the text, as opposed to making law that fits their own political agenda."
Info from Other Sources:
- Judge DeLay has a series on his Facebook page discussing each of the Bill of Rights Amendments. 1st(a) 1st(b) 2nd 3rd 4th 5th(a) 5th(b) 6th(a) 6th(b) 6th(c) 7th 8th 9th 10th
- DeLay spoke about a recent Arkansas Supreme Court case which held that a school's mask mandate was constitutional because the Arkansas Constitution gave sweeping powers to school boards to adopt "all suitable means to secure to the people the advantages and opportunities of education." DeLay said that there was nothing mentioned in the plain meaning of the text about the school board's authority to make any healthcare decisions on behalf of children. He explained that he was running as a "strict constructionist" and a "constitutional conservative"
- In a town hall with candidates Justice Robin Wynne and David Sterling, Judge DeLay said:
- When he says he's a "constitutional conservative," he doesn't mean that he is carrying a Republican conservative political agenda to the bench. He means that he is conserving "the greatest governing documents ever devised by mankind" and "what was originally drafted by these great men that we call our Founding Fathers." He said if the legislation is flawed, then the solution to that is the legislature. (20:12)
- Any restriction on content-based speech by school boards at their meetings is automatically suspect (25:24)
- Regarding the ability of the state government to regulate private businesses, Delay said his first question is always asking by what authority the state is taking action, and next question he asks is whether the action is constitutional under the U.S. Constitution, the Arkansas Constitution, and state statutes (33:15)
- In an interview with Conduit News, DeLay said:
- His time as a legislator gave him perspective on the importance of separation of powers.
- That recent activist decisions make it clear that voters should elect judges that are "constitutional conservatives, originalist, and strict constructionists." Delay explained, "An originalist is a jurist that believe that in interpreting either the state or U.S. constitution that you consider the original intent of the people that drafted that document. So if there was a question as to what rights a person may or may not have, you would go back and consider 'Well, what were the Founding Fathers thinking when they drafted that document?' A strict constructionist means that, in interpreting law and statutes, that you consider just the plain language of the statute and that you don't go beyond that in applying the law." Delay said that liberal jurists had been behaving as activists, which is "what is destroying this country and the judiciary" by behaving beyond the function of the court. He said this was on display with the recent U.S. Supreme Court vaccine mandate cases-- "you saw some of the jurists on the bench really having a discussion about the merits of the action taken. That's not really even the question, you know. We don't care if it's effective... the question is 'did the president or the Congress have the authority to make that edict?'"
- On parents pushing for greater involvement in their children's education, he said it is a symptom of a larger problem--elitism. "By that I mean that right now in our country we have a situation where the governed have to go by a different set of rules than the ruling class, and they really look down on the governed as 'You're not quite up to our level. We don't have to play by the same rules that you have to play by. So you see this in these school board efforts to shut down free speech because I don't like what you have to say these boards say 'I can have you removed. I can have you shut down. I can have you hauled out, and in some cases even arrested... We really need justices that appreciate one of the founding principles of our country, and that is that all people are on the same playing field-- the governed and the ruling class. If you look at the Bill of Rights, that's really what they were designed to do." He said that the solution was paying attention to who you elect and using Freedom of Information Act (FOIA) requests to access public records on important issues.
- On election integrity, he said that Arkansas has a long history of election abuse and that it's something you always have to keep an eye on. He said that the Arkansas Supreme Court has jurisdiction over election contests, so some very important decisions can be made at the state Supreme Court level on whether the law is followed or whether COVID can suspend the law. "That's dangerous."
- His favorite justices are Scalia, Thomas, and Alito "because they have demonstrated a consistency over a long period of time, and when they were appointed they made it clear 'I'm an originalist and a strict constructionist,' and they have been true to that principle." Scalia would be his favorite if he had to pick one "because I love the fire with which he wrote his opinions, and he had some blistering dissents, and I just thought that was a way he could show his personality but also his passion for the things he believed in. And another thing that I really want to emulate is that Justice Scalia got out and among the people... to speak about... the importance of our Bill of Rights and our Constitution and kind of talk in general terms to the public in an educational way. I want to use this office for that purpose... to preach about the blessings that, hey, we've got, and here's what these rights are about, and here's how they affect your life."
QUESTIONNAIRE
VALUES
I agree with Critical Race Theory (CRT) which asserts that the institutions in the United States are fundamentally racist.
Did not answer
I agree with Critical Race Theory (CRT) which asserts that the institutions in the United States are fundamentally racist.
Did not answer
I agree with Critical Race Theory (CRT) which asserts that the institutions in the United States are fundamentally racist.
Did not answer
Judeo-Christian values established a framework of morality that is necessary for our system of limited government.
Did not answer
Judeo-Christian values established a framework of morality that is necessary for our system of limited government.
Did not answer
Judeo-Christian values established a framework of morality that is necessary for our system of limited government.
Did not answer
Briefly describe your spiritual beliefs and values.
Did not answer
Briefly describe your spiritual beliefs and values.
Did not answer
Briefly describe your spiritual beliefs and values.
Did not answer
What types of pro bono work have you done?
Did not answer
What types of pro bono work have you done?
Did not answer
What types of pro bono work have you done?
Did not answer
ABOUT YOU
Have you ever been convicted of a felony or been penalized in either civil or criminal court for sexual misconduct? If so, please explain.
Did not answer
Have you ever been convicted of a felony or been penalized in either civil or criminal court for sexual misconduct? If so, please explain.
Did not answer
Have you ever been convicted of a felony or been penalized in either civil or criminal court for sexual misconduct? If so, please explain.
Did not answer
What education or experience qualifies you to hold the office for which you seek election?
Did not answer
What education or experience qualifies you to hold the office for which you seek election?
Did not answer
What education or experience qualifies you to hold the office for which you seek election?
Did not answer
Why should the voters choose you?
Did not answer
Why should the voters choose you?
Did not answer
Why should the voters choose you?
Did not answer
I voted in these primaries and general elections:
Did not answer
I voted in these primaries and general elections:
Did not answer
I voted in these primaries and general elections:
Did not answer
JUDICIAL PHILOSOPHY
Justices should not interpret the federal and state constitutions as living documents, but should use a textualist and originalist approach to interpretation.
Did not answer
Justices should not interpret the federal and state constitutions as living documents, but should use a textualist and originalist approach to interpretation.
Did not answer
Justices should not interpret the federal and state constitutions as living documents, but should use a textualist and originalist approach to interpretation.
Did not answer
What is the proper use of legislative history in interpreting statutory law?
Did not answer
What is the proper use of legislative history in interpreting statutory law?
Did not answer
What is the proper use of legislative history in interpreting statutory law?
Did not answer
Which current or past U.S. Supreme Court justice best reflects your judicial philosophy?
Did not answer
Which current or past U.S. Supreme Court justice best reflects your judicial philosophy?
Did not answer
Which current or past U.S. Supreme Court justice best reflects your judicial philosophy?
Did not answer
How should a court address the balance between public health and individual freedoms in the time of a pandemic?
Did not answer
How should a court address the balance between public health and individual freedoms in the time of a pandemic?
Did not answer
How should a court address the balance between public health and individual freedoms in the time of a pandemic?
Did not answer
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?
Did not answer
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?
Did not answer
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?
Did not answer
What role (if any) does a judge have in maintaining the separation of church and state?
Did not answer
What role (if any) does a judge have in maintaining the separation of church and state?
Did not answer
What role (if any) does a judge have in maintaining the separation of church and state?
Did not answer
Religious liberty is at risk in the United States and deserves the highest level of protection in the law.
Did not answer
Religious liberty is at risk in the United States and deserves the highest level of protection in the law.
Did not answer
Religious liberty is at risk in the United States and deserves the highest level of protection in the law.
Did not answer
When should a judge overturn past court decisions?
Did not answer
When should a judge overturn past court decisions?
Did not answer
When should a judge overturn past court decisions?
Did not answer
How should a judge determine which rights are protected by the Constitution even though they are not specifically mentioned?
Did not answer
How should a judge determine which rights are protected by the Constitution even though they are not specifically mentioned?
Did not answer
How should a judge determine which rights are protected by the Constitution even though they are not specifically mentioned?
Did not answer
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?
Did not answer
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?
Did not answer
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?
Did not answer
What principles should guide a court’s analysis of whether your state’s constitution gives terminally ill patients a right to assisted suicide?
Did not answer
What principles should guide a court’s analysis of whether your state’s constitution gives terminally ill patients a right to assisted suicide?
Did not answer
What principles should guide a court’s analysis of whether your state’s constitution gives terminally ill patients a right to assisted suicide?
Did not answer
Would you describe your judicial philosophy as originalist, living constitutionalist, or something else?
Did not answer
Would you describe your judicial philosophy as originalist, living constitutionalist, or something else?
Did not answer
Would you describe your judicial philosophy as originalist, living constitutionalist, or something else?
Did not answer
