Ben Smith

Republican | Texas

Ben Smith websites FacebookLinkedIn

Candidate Profile

5th Court of Appeals, Place 6 Texas General and Special General SD 22 | November 3, 2026

BIOGRAPHY

EDUCATION

Boston University, Boston, Bachelor of Science, 1991-1996

Boston University School of Law, Boston, Juris Doctor, 1999-2002

WORK & MILITARY

Candidate did not provide

AFFILIATIONS

Candidate did not provide

POLITICAL OFFICES HELD

Presiding Judge - 380th Judicial District Court, 2012-2026

POLITICAL OFFICES SOUGHT

Fifth Court of Appeals, Place 6, 2026-

ENDORSEMENTS

CONSERVATIVE (10)

Ken Paxton

Pat Fallon

Angela Paxton

Mitch Little

Jeff Leach

LIBERAL (1)

McKinney Police Association Fraternal Order of Police FOP Local 107

OTHER (2)

Texas Municipal Police Association TMPA

Plano Police Association

REPORTED BY CANDIDATE (10)

Pat Fallon

Keith Self

Ken Paxton

Dawn Buckingham

Erleigh Wiley

SELECTED CONTRIBUTIONS

CONSERVATIVE
GIVEN BY CANDIDATE (1)

John Cornyn (2019)

RECEIVED BY CANDIDATE (0)

OTHER INFORMATION

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.)

Yes. There is no federal constitutional right to abortion. The constitution must be held to its originally meaning, and there is no explicit or implicit right to abortion in the constitution.

Does the federal Constitution support the right to physician assisted suicide? Please explain in light of Washington v. Glucksberg (1997).

No. There is no constitutional right to assisted suicide. A statute prohibiting physician-assisted suicide does not implicate any constitutional rights.

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?

Abortion laws are properly within the province of state legislatures. The judiciary is limited to rational-basis review when deciding cases of legislative prohibition or restrictions.


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?

The First Amendment prohibits the federal government (and the states, by virtue of the Fourteenth Amendment), from restricting the free exercise of religious beliefs. The judiciary must guarantee this right by abrogating any law which seeks to restrict said right, unless the law is narrowly tailored to achieve a compelling government interest

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 merely prohibits Congress from making any law that would establish a religion. Nothing more.

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. Justice Thomas' concurrence illustrates my broader position: creation of a custom wedding cake is expressive conduct protected by the First Amendment. Compelled speech in conflict with an individual's sincerely-held religious beliefs violates the First Amendment.


VALUES

Briefly describe your spiritual beliefs and values.

I am a Christian.

What is your understanding of parental rights under the Constitution regarding the upbringing of children, particularly regarding choices about education and sexual identity?

Parental rights are natural rights protected by the constitution, guaranteed by the Privileges and Immunities Clause, the Ninth Amendment, and substantive due process. Parental rights are natural, reserved rights, rooted in common law, tradition, and history. Government interference in parental rights is only justified upon a showing of abuse, neglect, or incapacity.

Is gender identity a protected class under the Constitution? Please explain the constitutional basis for your view.

No. Gender is a binary, biological, immutable characteristic in virtually all cases. Gender identity as an internal construct, independent from biology, is a modern concept, about which the constitution is silent.


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 based on originalism and judicial restraint. Judges should decide cases based on the evidence before them and the applicable law, without regard to personal, political, or religious beliefs. This is the only philosophy that can adequately support the rule of law. Otherwise, decisions are arbitrarily based on the personal preferences of the person wearing the robe for a particular case, instead of being based on written laws that are equally applied to everyone.

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?

The law should only be applied according to its original public meaning.

Which current or past U.S. Supreme Court justice best reflects your judicial philosophy?

Justice Scalia and Justice Thomas best reflect my judicial philosophy.

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.)

Obergefell was not rightly decided. There is no support in the constitution for the requirement of states to recognize same-sex marriage. Marriage has traditionally and historically been understood as the union of one man and one woman. Every state recognized this throughout history, and no reasonable interpretation of "liberty" or "equal protection" would include same-sex marriage.

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?

If clear on its face, the text must be applied as written. A judge should never resort to personal preferences or contemporary values. Instead, a judge must utilize tools to ascertain the meaning of text in its original context.

What is your view of judicial restraint versus judicial activism? How do you define each?

I am opposed to judicial activism. Judicial restraint, that is, following the law as written without regard for the consequences, is a judge's solemn duty.

What is the proper role of a judge?

A judge's proper role is to apply the law as written to the facts of the case.

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.

A judge is obligated to follow the original text over bad precedent. If a prior decision is clearly erroneous because it ignored or misconstrued the constitution or law's actual meaning, the past ruling should be abrogated


2ND AMENDMENT

What is your understanding of the Second Amendment’s right to keep and bear arms?

The Second Amendment preserves and protects the individual right to bear arms.


OTHER IMPORTANT ISSUES

Which branch of government do you believe was intended to wield the most authority?

The branches of government are separate and equal.

If you are not already receiving our updates, stay current with important election alerts, educational articles, and encouraging reminders.

I agree to receive text messages at the mobile number provided.