
Brent Coffee
Republican | Texas
Candidate Profile
Originalist
BIOGRAPHY
Name
Brent Coffee
Party
Republican
Election Year
2026
Election
Republican Primary
Race
Court of Criminal Appeals 3
Incumbent
No
EDUCATION
Lubbock Christian University, Lubbock, Texas, Bachelor of Science, Biology, 2000-2005
Franciscan University of Steubenville, Steubenville, Ohio, Master of Arts, Philosophy, 2005-2007
Ave Maria School of Law, Naples, Florida, Juris Doctor, 2007-2010
WORK & MILITARY
Candidate did not provide
AFFILIATIONS
National Rifle Association, member
Texas State Rifle Association, member
Gun Owners of America, member
Association of Prosecuting Attorneys, member
Republican National Lawyers Association, member
Federalist Society, member
Ducks Unlimited, member/supporter
Coast Conservation Association of Texas, member/supporter
POLITICAL OFFICES HELD
Candidate did not provide
POLITICAL OFFICES SOUGHT
Candidate did not provide
ENDORSEMENTS
REPORTED BY CANDIDATE (2)
Fort Bend Conservatives PAC
2025-2025
OTHER INFORMATION
Coffee identified Judge Robert Bork and Supreme Court Justice Antonin Scalia as conservative judicial influences who helped mold his "approach to respect for the rule of law our legal system and the role they play in our constitutional republic."
On his campaign website, it states that he is “An active outdoorsman and firm advocate for the second amendment rights of all Americans, Brent is also a Member of the National Rifle Association, the Texas State Rifle Association, the Gun Owners of America, Ducks Unlimited and the Coast Conservation Association of Texas.”
On Facebook, Coffee praised Judge Wayne Mack’s prayer breakfast, describing it as an honor to fellowship with people of faith, and thanked Judge Mack for supporting the faith community.
Posted on X: “Have a blessed Thanksgiving” along with an image sharing the verse Colossians 3:17.
He attended Franciscan University of Steubenville, a Catholic college, for his Master's degree as well as Lubbock Christian University, originally a Church of Christ college, for his undergraduate.
QUESTIONNAIRE
RIGHT TO LIFE
Was Dobbs v. Jackson rightly decided according to the text of the Constitution? Please explain. (Holding: In Dobbs, the U.S. Supreme Court held that the federal constitution does not confer a right to abortion.)
The U.S. Supreme Court is correct in Dobbs that the federal constitution does not confer a right to abortion. The Court returned to the original understanding that the issue of abortion is not addressed by the federal constitution, does not confer an individual right to it returning the issue to the States.
Does the federal Constitution support the right to physician assisted suicide? Please explain in light of Washington v. Glucksberg (1997).
No. The Fourteenth Amendment to our United States Constitution does not support a right to physician assisted suicide. There is a principle the Supreme Court has adopted in relation to the Fourteenth Amendment which says a claimed liberty interest must be "deeply rooted" in our nation's history and tradition. Physician assisted suicide is not "deeply rooted" in our nation's history.
Human life deserves legal protection from conception until natural death.
Strongly Agree
How do you view the judiciary’s role in matters of abortion regulation following Dobbs?
Given Dobbs returned the issue of abortion to the States, it is the role of the people through the state legislature to pass regulations and laws in matters of abortion. It is the role of the judiciary to rule on those regulations that are passed into law when those matters come before the courts.
RELIGIOUS LIBERTY
Do you believe religious liberty is at risk in the United States. If so, what is the judiciary's proper role in addressing this issue?
Yes, religious liberty is at stake in the United States. This has been demonstrated by various lawsuits across the nation involving claims that the free exercise of religion protected by First Amendment has been violated. It is the role of the judiciary to uphold the First Amendment in this regard when these matters come before the courts.
Does the Establishment Clause of the First Amendment require government to be strictly secular or does it allow for the nation's religious heritage?
The Establishment Clause, as with the other Bill of Rights amendments, puts a limit on and restricts what the federal government can do, and it cannot make a law respecting an establishment of religion. It calls for the government to protect the people's right to express the national religious heritage .
Was Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission rightly decided according to the text of the Constitution? Please explain. (Holding: The U.S. Supreme Court held tha the state may not show religious hostility when enforcing anti-discrimination laws against a business owner.)
Yes, the Masterpiece Cakeshop case was rightly decided according to the text of the Constitution. An important distinction to be made is that the case did not regard who the business was providing a service to, but what the artist was being coerced to create.
VALUES
Briefly describe your spiritual beliefs and values.
I am a lifelong Christian. My faith informs my conscience and moral values, and my conscience is formed in light of my faith.
What is your understanding of parental rights under the Constitution regarding the upbringing of children, particularly regarding choices about education and sexual identity?
The upbringing of children is within the purview of parents. It is the right of the parents to choose how these issues are addressed with their children in their own homes. It is not the purview of the public education system or the government to take control of these issues and indoctrinate children.
Is gender identity a protected class under the Constitution? Please explain the constitutional basis for your view.
There is nothing to indicate that gender identity is a protected class under the Constitution. It is not deeply rooted in our nation's history nor is it an immutable characteristic.
ABOUT YOU
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.
I voted in these primaries and general elections:
2016 Republican Primary 2016 General Election 2018 Republican Primary 2018 General Election 2020 Republican Primary 2020 General Election 2022 Republican Primary 2022 General Election 2024 Republican Primary 2024 General Election
JUDICIAL PHILOSOPHY
Describe your judicial philosophy.
My judicial philosophy is an Originalist approach to the constitution and the law. This requires a respect for the original understanding of the United States Constitution and the Texas Constitution by the Framers or writers, and to interpret the plain language of the constitution, as well as the plain language of statutes duly passed by the legislature. My approach has been influenced by the late Supreme Court Justice Antonin Scalia and the late Judge Robert Bork.
Do you believe judges should primarily apply the law according to its original public meaning, or do you believe the law evolves over time to reflect contemporary values?
Judges should apply the law according to its original public meaning or understanding. The law "evolves" when the legislature passes, repeals, or amends the law or constitution via the People's elected representatives. It is not incumbent upon judges to place new meanings or "values" into statutes or the constitution. Therefore judicial restraint is required in this regard.
Which current or past U.S. Supreme Court justice best reflects your judicial philosophy?
The late Justice Antonin Scalia. He is one of the reasons I chose to attend Ave Maria School of Law as he formulated the curriculum for the school. The late Judge Robert Bork who was nominated to the United States Supreme Court by President Ronald Reagan was a faculty member of the school and brought a similar judicial originalist philosophy to the school as Justice Scalia did.
Was Obergefell v. Hodges rightly decided according to the text of the Constitution? Please explain. (Holding: The U.S. Supreme Court held Due Process and Equal Protection Clauses create a right for same-sex couples to marry.)
Obergfell was not decided according to the text of the Constitution.
A. How should a judge approach a case where the constitutional or statutory text is clear on its face? B. Conversely, how should a judge proceed when the text is ambiguous or silent on a disputed issue?
A. Statutory text and words should be presumed to bear their ordinary meanings, especially when clear on its face and therefore are to be applied as such. B. When statutory or constitutional text is silent on a disputed issue, a judge should not approach that issue to create a new right or entitlement when one party asks. It would be for the legislature to address the issue if they see fit to do so.
What is your view of judicial restraint versus judicial activism? How do you define each?
Judicial restraint involves, as has been mentioned above, applying the law and the constitution according to its plain meaning, which means that the law, or rule, has a meaning independent of a judge's own personal desires as to what he or she thinks the law should be, as opposed to what it actually is. The contrary would be judicial activism (or revisionism) which involves judges adding to the constitution or laws passed by the legislature and framers of the constitution, otherwise there would be no need to have agreed legal procedures in place to amend or repeal statutes and the constitution itself. The judiciary has (or should have) the most limited role amongst the three branches of government.
What is the proper role of a judge?
The proper role of a judge is to apply or interpret the law as originally understood by the ratifiers or legislators, not to impose his or her own views on the controversy or matter before the court.
When applying or interpreting the text of a statute or constitutional provision, is it ever proper for a judge to consider present day public opinion or consequences?
No.
If precedent departs from the Constitution’s text or original meaning, should a judge follow it or correct the error? Please explain.
Over the course of the history of Texas and the United States, courts have reversed prior decisions, in whole or in part, depending on the live controversy before them, revisiting those prior cases and decisions. When this occurs the goal is to ensure that the law and constitution is properly applied, interpreted, and followed. This is why one's judicial philosophy and approach to the law is vitally important when becoming a judge.
CRIMINAL JUSTICE & PUBLIC SAFETY
The burden of proof in a criminal case is generally that the state must provide proof beyond a reasonable doubt. Some say the reason the burden of proof is so high is because we greatly value ensuring that the innocent are not unjustly imprisoned. Please comment on this topic.
In Texas there is not a definition for "proof beyond a reasonable doubt". We do call it a high burden, which it is clearly is, and whether this burden has been met is determined by the jury's evaluation of the evidence presented at trial. This is why jury selection at the trial court level is crucial to ensuring a fair and impartial jury is empaneled before trial commences.
When reviewing wrongful conviction claims, what role, if any, should judges play in determining remedies?
The role judges play when reviewing wrongful conviction claims is to review the basis or bases of the claim and what occurred at the trial court level or the lower court. The nature of those claims will determine the proper course of action the higher court should take.
2ND AMENDMENT
What is your understanding of the Second Amendment’s right to keep and bear arms?
My understanding aligns with that of the Framers of our United States Constitution: they wanted citizens to have the same firearms as soldiers in the modern infantry. This was also discussed in the Federalist Papers. For example, in 1776 soldiers had muskets but today soldiers carry a fully automatic firearm, and under our Constitution such access is allowed to the People. The Second Amendment is clear: “…the right of the people to keep and bear Arms, shall not be infringed.”
OTHER IMPORTANT ISSUES
Which branch of government do you believe was intended to wield the most authority?
The legislative branch was intended by the Framers to wield the most authority and has the most enumerated powers granted by the Constitution. By contrast, the judiciary was intended to be the weakest of the three branches.
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