The law is clear as can be. Regardless of whether or not the federal judge is right on the underlying ruling, there's no way a State Supreme Court judge can overturn a federal judge. If Alabama tries to nullify the ruling, they will lose -- if necessary with federal marshals or a federalized National Guard.
If Jeb had been unwilling to save Terri Schiavo’s life almost ten years ago, W should have done just that.
But state probate judges are supposed to be responsible to the state Supreme Court. So any fallout should be on Moore's shoulders. But on the other hand they are also supposed to uphold the law so I can see their dilemma.
If Alabama tries to nullify the ruling, they will lose -- if necessary with federal marshals or a federalized National Guard.
I'll agree that they'll probably lose on any nullification, though the idea of federal marshals or troops is soooo 1960's. I highly doubt it'll come to that.
@Alter
And how will the feds come in and compel Alabama authorities or preachers to conduct marriages? What if they just say no? Are they going to jail people who refuse.
It seems to me that what will eventually happen is that, in some areas, the Federal government will have to somehow come in and perform the ceremonies. But, as they are not Alabama officials, will such a wedding be legal?