Harry Smail Jr.
Republican | Pennsylvania
Candidate Profile
Originalist
BIOGRAPHY
Name
Harry Smail Jr.
Party
Republican
Election Year
2023
Election
General
Race
Superior Court
Incumbent
No
Links
EDUCATION
Candidate did not provide
WORK & MILITARY
Candidate did not provide
AFFILIATIONS
Candidate did not provide
POLITICAL OFFICES HELD
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POLITICAL OFFICES SOUGHT
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ENDORSEMENTS
CONSERVATIVE (2)
Bucks County (PA) Republican Committee
Pennsylvania Republican Party
OTHER (2)
Commonwealth Partners Chamber of Entrepreneurs
Fayette County Republican Party
SELECTED CONTRIBUTIONS
CONSERVATIVE
GIVEN BY CANDIDATE (2)
Firearm Owners Against Crime (2020)
David Freed (2013)
RECEIVED BY CANDIDATE (10)
For Ward PAC (2023)
George Dunbar (2023)
Gordon Denlinger (2023)
GT Commonwealth Fund (2023)
Local, County, and District Republican Organizations (2023)
LIBERAL
GIVEN BY CANDIDATE (0)
RECEIVED BY CANDIDATE (2)
International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers (2011)
United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry (2011)
OTHER INFORMATION
Harry Smail completed the Pennsylvania Bar Association's questionnaire
Recent Work History:
- Harry Smail Jr. (R) was appointed by Governor Tom Corbett to the the Westmoreland County Court of Common Pleas in Pennsylvania in 2014. He initially served in Family Court. "For the last 6 years, Judge Smail has administered a complex civil litigation docket of a variety of nuanced legal issues related to government and municipal issues, elections, energy and land use and constitutional challenges." (campaign page)
Education
- "Judge Smail graduated from Grove City College and Duquesne University School of Law." (campaign page)
He is a member of the Federalist Society. (campaign page)
The Pennsylvania Bar Association "recommended" Smail.
Judicial Philosophy
- "His rulings reflect a fidelity to the text of the law and demonstrate his belief that a judge must not legislate from the bench. Based on the facts of the cases and the text of the law, Judge Smail has ruled in favor of energy exploration … and dismissed a constitutional challenge to the Protection of Lawful Commerce in Arms Act (PLCAA) in a local civil suit." (campaign page)
From westbar.org:
- Strict Constitutionalist "As a life-long conservative and strict Constitutionalist, Harry believes that our liberty is protected by the Bill of Rights as originally intended by the Founders of this country, not by political or social agendas. He is a Life Member of the NRA and advocate of the Castle Doctrine, having successfully defended gun owners' rights."
- Protecting Families "A father of two, Harry has a vested interest in protecting the children of our community from abuse, neglect, violence and drugs. The priority is our children from conception to maturity. The fundamental duty of a judge is to protect the children while maintaining the integrity of the family unit with the least amount of outside imposition."
From pafamilyvoter.com:
- Question: "Which of the following U.S. presidents best represents your political philosophy?" Answer: "Ronald Reagan"
- Question: "Which one of the recent justices of the U.S. Supreme Court most reflects your judicial philosophy?" Answer: "Scalia"
- Question: "Rate your judicial philosophy on a scale of 1-10 with 'living document' approach being a '1' and 'strict construction' or 'originalist' being a '10'" Answer: "10"
- Question: "Please list the five organizations in which you are most involved as a member, through contributions, and/or through volunteering." Answer "First Presbyterian Church of Greensburg, St Bartholomew Parish Crabtree, Westmoreland Chamber of Commerce, Thomas L Kline Duquesne University School of Law, Pennsylvania Bar Association Zone 5 Delegate for Westmoreland County Bar Association."
- Question: "Do you agree with the U.S. Supreme Court's statement in Dobbs v. Jackson, 597 U.S. ___ (2022), that '[l]ike the infamous decision in Plessy v. Ferguson, Roe [v. Wade] was also egregiously wrong and on a collision course with the Constitution from the day it was decided?'" Answer "As a complex civil litigation trial judge the issue of abortion post Dobbs v Jackson has a very real chance of being litigated before me and the canons of judicial ethics do not permit positions on issues that may be litigated before me."
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.
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What is the proper use of legislative history in interpreting statutory law?
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Which current or past U.S. Supreme Court justice best reflects your judicial philosophy?
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How should a court address the balance between public health and individual freedoms in the time of a pandemic?
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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?
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What role (if any) does a judge have in maintaining the separation of church and state?
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Religious liberty is at risk in the United States and deserves the highest level of protection in the law.
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When should a judge overturn past court decisions?
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How should a judge determine which rights are protected by the Constitution even though they are not specifically mentioned?
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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?
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What principles should guide a court’s analysis of whether your state’s constitution gives terminally ill patients a right to assisted suicide?
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Would you describe your judicial philosophy as originalist, living constitutionalist, or something else?
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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.
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What education or experience qualifies you to hold the office for which you seek election?
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Why should the voters choose you?
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I voted in these primaries and general elections:
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VALUES
I agree with Critical Race Theory (CRT) which asserts that the institutions in the United States are fundamentally racist.
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Judeo-Christian values established a framework of morality that is necessary for our system of limited government.
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Briefly describe your spiritual beliefs and values.
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What types of pro bono work have you done?
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