Posted on 10/22/2003 7:01:54 PM PDT by tomball
MONTGOMERY, Ala. (AP) - Alabama's suspended chief justice has asked that five of the nine members of the Court of the Judiciary be disqualified from hearing the ethics case that could lead to his removal from office.
Roy Moore's attorneys asked that the five step down for various reasons - including that two members have served longer than their appointments and that other members discussed Moore's case with state court employees. The court did not immediately rule on the motion.
State Attorney General Bill Pryor is prosecuting Moore for refusing to obey a federal judge's order to remove Moore's Ten Commandments monument from public display in the state judicial building. The judge ruled the monument was an unconstitutional promotion of religion by government.
After a protracted legal fight, the monument was put in storage in August on orders of the state Supreme Court's eight associate justices.
Earlier Wednesday, the Court of the Judiciary rejected Moore's bid to disqualify Pryor from prosecuting him.
Among Moore's arguments was that Pryor's office defended him in court during his fight to keep the monument in the building's rotunda, and that the attorney general cannot now oppose him in a related case.
Pryor has said that removing the attorney general's office from the case would "thwart the functioning of this state's system of judicial discipline."
Former Supreme Court Justice Terry Butts, who is representing Moore, said Wednesday that he doesn't understand why Pryor won't step down.
"You would want to think he would want to take away any doubt that there is conflict," Butts said.
AP-ES-10-22-03 2106EDT
Not any conservative who believes in the rule of law. Pryor did what he was bound to do, under the Constitution of the State of Alabama.
And what is with Crazy Roy trying to disqualify over half the Supreme Court?
Nuts.
And what law is that? Thou shalt follow unconstitutional edict handed down from the royal court? Feh!
FGS
He upheld his oath; Roy Moore disobeyed a Federal Judge and was prepared to disobey the Supreme Court of Alabama.
Rule of law, rw.
But, this will serve Crazy Roy in his run for governor, which is what this has been about all along.
The sinkspur demons have entered the room. To the pigs with you!
FGS
Just so. So what if he has aspirations for higher office. Folks could do a lot worse than have a man of his faith and moral convictions in the governor's mansion.....or maybe the SCOTUS?
Here's a proposed senate bill we could use about now:
FGSReligious Liberties Restoration Act (Introduced in Senate)
S 1558 IS
To restore religious freedoms.108th CONGRESS
1st Session
S. 1558
IN THE SENATE OF THE UNITED STATES
August 1 (legislative day, JULY 21), 2003
Mr. ALLARD introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To restore religious freedoms.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Religious Liberties Restoration Act'.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Declaration of Independence declares that governments are instituted to secure certain unalienable rights, including life, liberty, and the pursuit of happiness, with which all human beings are endowed by their Creator and to which they are entitled by the laws of nature and of nature's God.
(2) The organic laws of the United States Code and the constitutions of every State, using various expressions, recognize God as the source of the blessings of liberty.
(3) The first amendment to the Constitution secures rights against laws respecting an establishment of religion or prohibiting the free exercise thereof made by the Federal Government.
(4) The rights secured under the first amendment have been interpreted by the Federal courts to be included among the provisions of the 14th amendment.
(5) The 10th amendment reserves to the States, respectively, the powers not delegated to the Federal Government nor prohibited to the States.
(6) Disputes and doubts have arisen with respect to public displays of the Ten Commandments and to other public expression of religious faith.
(7) Section 5 of the 14th amendment grants Congress the power to enforce the provisions of the 14th amendment.
(8) Article III, section 2 of the Constitution grants Congress the authority to except certain matters from the jurisdiction of the Federal courts inferior to the Supreme Court.
SEC. 3. RELIGIOUS LIBERTY RIGHTS DECLARED.
(a) DISPLAY OF TEN COMMANDMENTS- The power to display the Ten Commandments on or within property owned or administered by the several States or political subdivisions of such States is among the powers reserved to the States, respectively.
(b) WORD `GOD' IN PLEDGE OF ALLEGIANCE- The power to recite the Pledge of Allegiance on or within property owned or administered by the several States or political subdivisions of such States is among the powers reserved to the States, respectively. The Pledge of Allegiance shall be, `I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with Liberty and justice for all.'.
(c) MOTTO `IN GOD WE TRUST'- The power to recite the national motto on or within property owned or administered by the several States or political subdivisions of such States is among the powers reserved to the States, respectively. The national motto shall be, `In God we trust'.
(d) EXERCISE OF CONGRESSIONAL POWER TO EXCEPT- The subject matter of subsections (a), (b), and (c) are excepted from the jurisdiction of Federal courts inferior to the Supreme Court.
In good time.
He defended the judge in Federal Court arguing largely a State Right. Now that the Federal Courts have decided he must again uphold the integrity of the AL justice system. Judge Moore should have done the same when he lost in Federal Court. An officer of the court, even more so a justice, cannot allow their personal opinion to override a decision of a court with appropriate jurisdiction. The rule of law works both ways. We on the right cannot flaunt decisions we dislike while assailing the left for doing the same. The law is the law is the law.
And meanwhile, those who argue this totally ignore the Constitution of the United States, and the constitution of the State of Alabama.
Please explain to me how a federal court is supposed to enforce a 'law' that doesn't exist? One that doesn't exist because the Congress is forbidden by the First Amendment from making laws about it...
Time to put a stop to leftist judges making it up as they go along. Way past time.
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