Clint Morgan

Republican | Texas

Candidate Profile

Originalist (Conditional)

BIOGRAPHY

Name

Clint Morgan


Party

Republican


Election Year

2022


Election

Primary


Race

Judge, Court of Crim. Appeals, Place 5


Incumbent

No


Links

Clint Morgan websites Clint Morgan emailFacebookXInstagramLinkedIn

EDUCATION

Claremont McKenna College, Claremont, California, BA, 2004

University of Texas at Austin School of Law, Austin, Texas, J.D., 2010

WORK & MILITARY

Candidate did not provide

AFFILIATIONS

Fishers of Men Lutheran Church

POLITICAL OFFICES HELD

Candidate did not provide

POLITICAL OFFICES SOUGHT

Candidate did not provide

ENDORSEMENTS

CONSERVATIVE (5)

Conservative Coalition of Harris County TX; Conservative Republicans of Texas; East Texans for Liberty PAC; Paul Bettencourt; Texas Right to Life

OTHER (3)

Combined Law Enforcement Associations of Texas; Houston Police Officers Union PAC; HRBC, Houston's Premier Business Coalition

REPORTED BY CANDIDATE (5)

Texas Right to Life; Conservative Republicans of Texas; Senator Paul Bettencourt; CLEAT (Combined Law Enforcement Associations of Texas); Houston Police Officers Union

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.

Strongly Agree

What is the proper use of legislative history in interpreting statutory law?

I have written nearly 400 appellate briefs, and before that I worked at the Court of Criminal Appeals for two years helping to draft opinions, and I have never consulted legislative history to interpret a statute. That's because what matters is the actual words that the Legislature passed, not the meaning a staffer gave them in a committee report.

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

Clarence Thomas. He is an originalist, and when interpreting the constitution he is willing to overrule precedent in order to abide by the original meaning. If a judge values precedent over the original meaning of the constitution, he is placing the precedent above the constitution.

How should a court address the balance between public health and individual freedoms in the time of a pandemic?

It is the duty of our courts to stay calm in the face of panics and ensure that the political branches of government abide by the constitution. Our rights do not disappear because the world is a dangerous place.

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?

I believe Justice Alito's dissent in that case accurately reflected the original meaning of the statute.

What role (if any) does a judge have in maintaining the separation of church and state?

As a state court judge I will be obliged to follow the edicts of the federal Supreme Court on this matter. Personally I do not believe courts have a role to play in this unless someone's rights are actually being violated.

Religious liberty is at risk in the United States and deserves the highest level of protection in the law.

Strongly Agree

When should a judge overturn past court decisions?

A judge on a high court--like the one I'm running for--should overturn precedent that conflicts with the original meaning of the constitution. If the court abides by precedent that conflicts with the constitution, it is placing the precedent above the constitution. That's an inversion of a the proper order.

How should a judge determine which rights are protected by the Constitution even though they are not specifically mentioned?

I will look to the original public meaning of the constitution. That is: What would someone who voted to adopt the constitution think its words meant at the time. For instance, the constitution does not explicitly say a defendant has a right to present a defense at trial. But the constitution guarantees "due process," and at the time of the Fifth Amendment was adopted "due process" included an opportunity to present a defense. By limiting the constitution to what it meant at the time it was adopted, judges are doing nothing more than interpreting the law. When they make up rights that were not included at the time of adoption, they are legislating from the bench.

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?

This is not a matter that would appear in front of the Court of Criminal Appeals. Situations where children use the court system to go around the wishes of their parents should be extraordinarily rare, and perhaps nonexistent outside the context of abuse.

What principles should guide a court’s analysis of whether your state’s constitution gives terminally ill patients a right to assisted suicide?

It should consider whether the voters who adopted the relevant constitutional provision would have believed it protected such a right. I have never seen anything indicating the Texas constitution protects a right to assisted suicide.

Would you describe your judicial philosophy as originalist, living constitutionalist, or something else?

I am an originalist. I abide by the original public meaning of the constitution.


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.

No.

What education or experience qualifies you to hold the office for which you seek election?

I've been an appellate prosecutor for nine and a half years, during which time I've been lead counsel on nearly three hundred cases, including sixteen cases in the Court of Criminal Appeals. This vast body of experience has helped me learn about nearly every area of the law that comes up in criminal appeals. I'm Board Certified in Criminal Appellate Law. I graduated from the University of Texas at Austin School of Law with honors. Before my current job I worked at the Court of Criminal Appeals for two years as a clerk to Judge Paul Womack. Judge Womack had himself worked as a clerk at the court thirty years earlier. I learned a great deal from him in terms of legal history, the history of the court, and the way the court functions.

Why should the voters choose you?

We have a backlog at every level of the criminal justice system right now. Routine appeals take years to resolve. For nine and a half years I've been the most productive appellate prosecutor in Harris County--probably the state. I process cases quickly, and because of my experience at the court I know I can write opinions quickly. My opponent, Judge Walker, has been the least productive judge in the recorded history of the court, averaging a mere 3.6 opinions per year over his first five years. When I worked at the court my judge wrote 17 opinions one year and 20 the next. I will get the court moving again. I am a career prosecutor and I will be a law-and-order judge. This is why I'm endorsed by leading law enforcement groups. I will ensure that we protect defendants' rights, but I will not use the court to create new ones. My opponent, Judge Walker, is the judge on the court who most often votes with defendants. Some of his opinions have either created new rights for defendants or advocated creating new rights.


VALUES

I agree with Critical Race Theory (CRT) which asserts that the institutions in the United States are fundamentally racist.

Strongly Disagree

Judeo-Christian values established a framework of morality that is necessary for our system of limited government.

Agree

Briefly describe your spiritual beliefs and values.

I am a conservative Christian. My beliefs are summarized in the Apostle's creed.

What types of pro bono work have you done?

None. My skills are entirely in the criminal law and I am a prosecutor, meaning there are few opportunities for pro bono work.

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