Posts Tagged “alabama court of the judiciary”

SCOTUS Marriage Equality 2015 (Obergefell v. Hodges) - 26 June 2015Most of my readers will have heard of Roy Moore, the erstwhile “Ten Commandments Judge.” He’d been the Chief Justice of Alabama’s Supreme Court, who refused to obey a federal court order to remove a Decalogue monument from that state’s Supreme Court building, and was removed from office in 2003 due to his defiance (WebCite cached article). Since then, he’s remained just as petulant and defiant; he ran for the same office again in 2012 and was elected by the dutiful Christofascist folk of Alabama.

In his second stint as Chief Justice, it wasn’t the Ten Commandments that caused much trouble; rather, it was gay marriage and the Obergefell v. Hodges decision issued by the US Supreme Court last year. Like most of America’s Christofascists, Moore didn’t take this decision well. He tried to use his office to prevent gay marriages, ordering his state’s probate judges not to marry gay couples, on the grounds that they’re illegal under Alabama law. (Despite having been a judge for a long time, Moore apparently had never heard of the supremacy clause, by which federal law has primacy over state law.)

So earlier this year, Moore was disciplined for overplaying his hand, and as the Birmingham (AL) News reports, after months of wrangling, Moore was suspended from the state Supreme Court (cached):

Alabama Supreme Court Chief Justice Roy Moore has been suspended from the bench for telling probate judges to defy federal orders regarding gay marriage.

It’s the second time Moore has been removed from the chief justice job for defiance of federal courts – the first time in 2003 for refusing to remove a Ten Commandments monument from the state judicial building.

The Alabama Court of the Judiciary (COJ) issued the order Friday suspending Moore from the bench for the remainder of his term after an unanimous vote of the nine-member court.

The COJ saw right through the bullshit that Moore and his lawyer, Mat Staver (of Kim Davis fame) spewed during the discipline process:

In its 50-page order on Friday, the COJ stated it did not find credible Moore’s claim that the purpose for the Jan. 6 order was “merely to provide a ‘status update’ to the state’s probate judges.”

“We likewise do not accept Chief Justice Moore’s repeated argument that the disclaimer in paragraph 10 of the January 6, 2016, order — in which Chief Justice Moore asserted he was ‘not at liberty to provide any guidance … of the effect of Obergefell on the existing orders of the Alabama Supreme Court’ — negated the reality that Chief Justice More was in fact ‘ordering and directing’ the probate judges to comply with the API orders regardless of Obergefell or the injunction in Strawser (federal case in Alabama).”

The COJ also did something very clever: They suspended Moore rather than removing him from office. While this might seem a milder punishment, it has an interesting ramification: As the article explains, it means Gov Bentley (also a committed Christofascist) can’t appoint a replacement for Moore on the Supreme Court. His position on the Court is essentially “dead,” with an acting Chief Justice drawn from the remaining justices. It’s all very clever. I guess the COJ learned a little from their previous bout with Moore, 13 years ago.

Photo credit: Wikimedia Commons.

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