[3] Clement was nominated on September 4, 2001 by President George W. Bush to fill a seat vacated by Judge John M. Duhé Jr., who assumed Senior status.

[3] She criticized her liberal colleagues James L. Dennis and Gregg Costa in a dissent on March 22, 2019, regarding a racist gerrymandering case.

Clement also slammed a "majority-minority panel", suggesting that the 5th Circuit's conservative majority would reverse the holding if en banc were granted.

She wrote for the majority in Vogler v. Blackmore,[8] reducing pain and suffering damages awarded by a jury to a mother and daughter who were killed in a car accident.

In United States v. Harris,[10] Clement again wrote for the majority, this time reinstating the sentence of a police captain convicted for violation of federal civil rights laws in using excessive force.

She upheld officers' appeal of qualified immunity for reasonably arresting a father who was interfering with the return of a child to its rightful custodian.

Qualified immunity also protected officers from the plaintiff's accusation of excessive force in using handcuffs and confining him to the police car as part of the arrest.

In 2010, Clement joined Judges Garza and Owen in affirming the dismissal of the complaint in Doe v. Silsbee Independent School District.

[14] In July 2005, after Supreme Court Justice Sandra Day O'Connor announced her retirement, Clement was regarded in the press as the frontrunner to succeed her, though President Bush ultimately selected John Roberts for the seat.

Eventually, Bush chose White House Counsel Harriet Miers as his nominee to succeed O'Connor, but after Miers withdrew her nomination, some sources reported that Clement was still a potential choice for the seat,[19] though others reported she was out of consideration;[20] Judge Samuel Alito was ultimately confirmed to O'Connor's seat.