Ala. AG Won't Help Judge in Federal Fight

AP via Atlanta Journal-Constitution ^ | August 15, 2003 | Bob Johnson

[Lurking Libertarian]

Ala. AG Won't Help Judge in Federal Fight By BOB JOHNSON Associated Press Writer

MONTGOMERY, Ala. (AP)--The attorney general and Alabama Supreme Court associate justices are distancing themselves from the state's chief justice, who has pledged to defy a federal court order to remove a Ten Commandments monument from the state's judicial building.

Chief Justice Roy Moore said Thursday he had ``no intention'' of obeying the order to remove the monument from the building, where he moved it in the middle of the night in 2001. He has said that the Ten Commandments represent the moral foundation of American law.

Attorney General Bill Pryor said Thursday he would refuse to help Moore violate the court order, which could result in contempt fines of about $5,000 a day against the state. He declined to say what specific action he would take.

At the same time, Moore's colleagues on the state Supreme Court met to discuss whether they can invoke a state law that lets a majority of the nine justices overrule an administrative action by the chief justice.

Senior Associate Justice Gorman Houston said the justices ``will take whatever steps are necessary'' to make certain that the state of doesn't have to pay fines.

But the justices took no immediate action as Moore prepared to file his initial pleading Friday with the U.S. Supreme Court to stop any removal of the monument.

Meanwhile, attorneys suing to remove the monument filed a complaint Thursday with the Alabama Judicial Inquiry Commission accusing Moore of violating judicial ethics by refusing to obey a court order.

Supporters cheered Moore's claim that a federal court doesn't have the legal authority to make a state judge remove the monument.

``It's so rare to find someone who would make a stand,'' said Rick Scarborough, president of Vision America, a national association of churches and pastors who have supported Moore.

Pryor said he personally believes the Old Testament laws can be displayed legally but that doesn't change his responsibility as attorney general.

``I have a duty to obey all orders of courts even when I disagree with those orders,'' Pryor said in a statement.

Moore's declaration came six days before the courts' Aug. 20 deadline for the 5,300-pound granite monument to be removed from the judicial building rotunda, where it is in clear sight of visitors coming in the main entrance.

With Christian groups planning several rallies over the next week to show support of the monument, the executive director of Americans United for Separation of Church and State, Barry Lynn, accused Moore of creating a circus out of the Ten Commandments issue.

``If Judge Moore can't in good conscience comply with a lawful federal court order, he ought to resign,'' Lynn said.

[Robert_Paulson2]

I didn't say it... the attorney did.

[cornelis]

He may end up being a martyr for the cause. True martyrs don't have a mandate to shape history. They are bound by conscience. Meanwhile, the attempt to whitewash and sterilize the government of the American people from what makes us human is a been-there-done-that. There is no content neutral law. The only solution is to get rid of law itself, which is misanthropy, or play the chameleon like R-P, which is politics of will.

[rwfromkansas]

Screw Pryor then.

I hope the Democrats continue their filibuster.

[Torie]

Well said, but I suspect the judge in Alabama won't end up quite the way you hope. The ignoring of higher court orders by a lower court judge, just strikes me as not the way to do it. We shall see.

[First Amendment]

And they will never return again. Whatever the feds rule, will be the law. Love it or hate it, it's all we have.

Kind of like the advice they used to give to women about rape - since it's inevitable, just lie back and enjoy it. Then they found out that if women fight back, they have a chance of avoiding the rape and the attacker running off.

[rwfromkansas]

This is a pet issue of mine. It is worth it.

[First Amendment]

Moore seems to be costing Alabama a LOT of money. Is it worth it?

First of all, I would like to see some corroboration of the amount of money, and what it was spend on. Second, how do the citizens of the state of Alabama feel about it, since it is their money? Third, if the ACLU and whoever else started it all lose, do they pay the costs? After all, Moore didn't start the legal grindstone, the religion haters did.

[Torie]

I read somewhere around here that the fine is 25K per day. Hopefully, the matter will be resolved soon if that is the case. I am not sure where the fine money is going. Maybe to DC, which is grand, since some of it might float to California, and we need it.

[First Amendment]

Does that mean that this huge amount of money being spent includes the fine money?

[Torie]

I don't know what money is being spent except the fine money, other than the time of various Alabama personnel to deal with this, whatever that costs. I suspect the ACLU's legal fees are also going to be defrayed by Alabama, and I suspect the ACLU lawyers are using a very heavy pencil. But I am just shooting from the hip here. If I am right, this will be a big ACLU profit center.

[First Amendment]

Why on earth would the ACLU's legal fees be defrayed by Alabama??? Sick. I hate the All Criminals Love Us.

[Torie]

Many of these ACLU suits are per laws that allow the recovery of legal fees, if they prevail.

[=Intervention=]

"Perhaps not the wisest use of state money. They're spending a lot to ram down a social agenda." Oh noooo! Not a social agenda! We all know that the state must never ever pursue a social agenda and can be kept from doing so in all instances! You seem to have a problem with misrepresenting the viewpoints of those who disagree with you, don't you?

[davidosborne]

Sometimes conscience has to triumph over bad law.

AGREED... IT IS IMPERITIVE that Judge Moore NOT comply with an ILLEGAL ORDER !!

[davidosborne]

http://www.alalinc.net/appellate/supreme/judge.cfm?Moore=Judge

[davidosborne]

http://www.ago.state.al.us/contact.cfm

[davidosborne]

http://www.ago.state.al.us/news_template.cfm?Record_ID=766

[E.G.C.]

Good morning, david. How's it going?

[davidosborne]

I had a family issue to tend to yesterday and missed the rally in AL. I was hoping to get some pics to post.. hope someone out there has some...

FReegards,

David

[MissAmericanPie]

So it's become clear that some of the rot has been traced to Bill Pryor and the Alabama Supremes. Now we will see if the citizens of Alabama mount a recall and/or demand the ouster of the Supremes.