Judge Gives Moore 15 Days to Remove Ten Commandments

CNSNews.com ^ | 8/06/03 | Lawrence Morahan

[kattracks]

(CNSNews.com) - In the latest round of a two-year struggle over First Amendment rights in Alabama, a federal judge on Tuesday ordered Chief Justice Roy Moore to remove a monument containing the Ten Commandments from the rotunda of the justice building in Montgomery.

U.S. District Judge Myron Thompson gave Moore 15 days to remove the 1.5-ton stone monument or face possible daily fines.

Supporters of the monument said the decision could lead to a showdown between religious conservatives and law enforcement officials.

Wendy Wright, senior policy director with Concerned Women for America, said people will be watching to see whether the judge will direct state or federal marshals to remove the monument.

"If that were to happen, there are many people who are willing to literally place themselves in front of the doorways to keep the monument from being removed, so it's likely we're going to see a standoff in Alabama over whether the Ten Commandments can be publicly displayed," she said.

Americans United for Separation of Church and State, which sued Moore on behalf of people who objected to the monument, praised Thompson's order.

"Roy Moore has defied the Constitution long enough," said Rev. Barry Lynn, executive director of Americans United, in a statement.

"Many Americans sadly remember when George Wallace stood in the schoolhouse door in Alabama in an effort to deny racial minorities their rights 30 years ago. It would be a shame if Roy Moore tries to stand in the courthouse door today to do the same to religious minorities," Lynn said.

Rob Boston, a spokesman for Americans United, accused Moore of trying to provoke a media circus and legal showdown.

"I guess he's determined to go to the mat on this, and I think that's unfortunate because it's only going to make things difficult for the people of Alabama, and I think also it showed the true extremism of Justice Moore that this is a guy who apparently thinks that the Bill of Rights doesn't apply to the state of Alabama," Boston told CNSNews.com in an interview prior to the ruling.

Thompson ruled the monument unconstitutional in November of last year. On Dec. 19, he gave Moore 15 days to remove it, but a week later stayed his order pending Moore's appeal to the 11th U.S. Circuit Court of Appeals. The 11th Circuit affirmed Thompson's ruling on July 1.

Congress also weighed in on the issue. Rep. John Hostettler (R-Ind.) added an amendment to appropriations legislation that would "block federal funds from being used to enforce court decisions that found the use of 'under God' in the Pledge of Allegiance unconstitutional and ordered the chief justice of the Alabama Supreme Court to remove the Ten Commandments from the courthouse."

Legal analysts said, however, that the provisions would not likely survive Senate approval.

In his order, Thompson said he did not plan to take immediate action to physically remove the monument. But he said that "the court would levy substantial fines against Chief Justice Moore in his official capacity, and thus against the state of Alabama itself, until the monument is removed."

Such fines could start at $5,000 a day for the first week, "with the amount of the fine perhaps to double at the beginning of each and every week thereafter...until there is full compliance with the order the court enters today," Thompson wrote.

Moore has said he plans to appeal the matter to the U.S. Supreme Court.

See Earlier Story:
Christians Prepare to Defend Ten Commandments in Alabama (July 29, 2003)

E-mail a news tip to Lawrence Morahan.

Send a Letter to the Editor about this article.

[Chancellor Palpatine]

SCOTUS might just take it for the rare unanimous ruling for the opportunity to b**** slap Moore for being a silly, grifting moron, as an example to others.

[DPB101]

Miss Yaroslavskii I see. Oh well. He's dead. And he's not coming back. Not in America at least.

[Chancellor Palpatine]

.

[auggy]

This is really sad. Why are these people so afraid, of Christianity? What church does the Reverend Barry Lynn belong to? Has to be the Church of Satan.

[Genesis defender]

And how exactly is Chief Justice Moore being a "moron"?

[rhema]

Congress also weighed in on the issue. Rep. John Hostettler (R-Ind.) added an amendment to appropriations legislation that would "block federal funds from being used to enforce court decisions that found the use of 'under God' in the Pledge of Allegiance unconstitutional and ordered the chief justice of the Alabama Supreme Court to remove the Ten Commandments from the courthouse."

Legal analysts said, however, that the provisions would not likely survive Senate approval.

The Senate again. Pusillanimity personified.

[.30Carbine]

This relief portrait is currently in our House chamber in Washington DC.

[Chancellor Palpatine]

Read the opinions of the District and Circuit courts about his assertions, and note how his arguments contradicted his own submissions in the record (which makes him either dishonest or a moron - you choose), as well as the fact that he clearly spoke from both sides of his mouth regarding purpose - not to mention that the whole thingn is being stage-managed and paid for by some white trash fundie outfit.

Its people like him who lead people like me to distrust evangelicals and their motives.

[Chancellor Palpatine]

Not really - its been there for ages, just like the stuff in the SC, so it has a historical appearance and value.

It wasn't put up a couple of years ago as a publicity and fund raising stunt like Moore's monument.

[PatriotBill]

I admire Moore for having the guts to stand on his deeply held religious principles, unlike countless liberal men who need to simply admit that they wear frilly, lacy panties!!!

[Catspaw]

Will Judge Moore comply with the court order? In previous statements, he said he would not.

[Wondervixen]

I believe we should all show up to stand with Moore when he tells that so-called judge to come remove it himself, and bring lots of Bounty towels to mop up his blood.

[Genesis defender]

Do you have links to those opinions?

[Chancellor Palpatine]

It would be buried too deep in "My Comments". You need to google 'em up.

[Catspaw]

 

Moore says Thompson has no authority to order monument removal

By BOB JOHNSON
The Associated Press
8/4/2003, 6:32 p.m. CT

MONTGOMERY, Ala. (AP) -- Chief Justice Roy Moore said through a spokesman Monday that he expects a federal judge to order removal of the Ten Commandments monument from the rotunda of the Alabama Judciary Building.

Just hours after attorneys for Moore and for plaintiffs in the case held a conference call with U.S. District Judge Myron Thompson, Moore repeated an earlier claim that Thompson does not have authority to order removal of the monument.

The plaintiffs in the case believe the monument violates their constitutional rights.

"Federal District Court Judge Myron Thompson has already made it clear what he intends to do in this case in his December order," said Moore's spokesman, Tom Parker.

"Chief Justice Moore opposes the issuance of an injunction because the federal district court has no jurisdiction, power or authority to remove this public acknowledgment of God, which is authorized under the constitution of this state," Parker said.

Moore had the 5,300-pound monument placed in the rotunda of the judiciary building in the middle of the night on July 1, 2001, saying the Ten Commandments represents the moral foundation of American law.

The Southern Poverty Law Center, Americans United for Separation of Church and State and the American Civil Liberties Union sued on behalf of three Alabama lawyers who said the monument violated their constitutional rights.

Thompson ruled last year, after a seven-day trial, that the monument was unconstitutional and ordered it removed from the building within 30 days. He later stayed the order while Moore appealed to the 11th Circuit Court of Appeals. A three-judge panel of the 11th Circuit last month upheld Thompson's order. Moore has said he will appeal that decision to the U.S. Supreme Court.

Ayesha Khan, lead counsel for Americans United, said during the conference call Monday, Thompson asked Moore's attorneys if they would oppose him lifting the stay and again ordering the monument removed. Parker said later that Moore does not want the stay lifted.

Thompson in an earlier order said if the 11th Circuit rejected Moore's appeal, he would order the monument removed within 15 days.

Khan said plaintiff's attorneys asked Thompson to order Moore to get the washing machine sized monument out of the judicial building.

"The plaintiffs constitutional rights have been violated for the past two years and its time to bring the violation to an end," Khan said.

Several religious organizations have urged Christians to come to Montgomery, if Thompson lifts his stay, and to kneel in prayer around the monument to block it from being removed.

Khan said she hopes Moore removes the monument on his own to avoid creating a circus atmosphere at the judicial building.

"We would urge the chief justice not to turn an important, sacred religious symbol into a circus device," Khan said. "He ought to remove it as quietly and surreptitiously as he brought it in and save the Alabama public the divisiveness and rancor that would otherwise result."

[.30Carbine]

This one is inside The U.S. Supreme Court building.

[Chancellor Palpatine]

You gotta figure on a few things here - first, he's bought and paid for by Coral Ridge TV ministries (keep them cards and checks a-flowin'), so the louder and greater the splash he makes - any splash, the more money flows. At the same time, he's not adverse to the publicity, and judging by his public statements and arguments in court, he's crazy as a loon, and is itching for a disorderly confrontation to enhance his ability to grift his way into further political office. His hope is that he can get some other mental defectives to join him in some potentially violent scene.

Its about as reprehensible as you could imagine - along the lines of Wallace or Faubus in the segregation battles.

[sirchtruth]

Its people like him who lead people like me to distrust evangelicals and their motives.

What do you think evangelics motives are?

What the real deal here is most people do not want to be held accountable for their actions.

Is that the source of your distrust?

[Chancellor Palpatine]

As I said, its old, and OK by me. It wasn't put up at the behest of a TV ministry or grifting pol for donations and publicity.