FOX NEWS: ALABAMA TEN COMMANDMENTS JUDGE SUSPENDED...

Drudge Report ^ | 08/22/03 | Matt Drudge

[Pokey78]

Orlando Salinas broke in a few minutes ago and announced this on Fox News.

[general_re]

The Federal judiciary deserves a pay slash at the very least, since they are failing to do their assigned task.

I am not - believe it or not - unsympathetic to your views here. But that's simply not possible under the Constitution as it is written.

[sinkspur]

Why does'nt president Bush step in?Now that the federal court has opened the door that also means the president can intervene with an executive order proclaiming the Ten Commandments a national monument/treasure,etc.

Would you guys make up your minds?

I thought you said this was a STATE matter, for Alabama?

[My2Cents]

Hmmm...That's an interesting idea. I would hope that this will eventually make its way to the US Supreme Court. Doesn't the SCOTUS chamber have the 10 Commandments chiseled in stone?

[Pokey78]

MONTGOMERY, Ala. — Alabama Chief Justice Roy Moore (search), who has fought to keep a Ten Commandments (search) monument in the rotunda of the state's Judicial Building, will be suspended for 10 days, Fox News has learned.

A federal judge had decided the 5,300-pound granite marker violated the Constitution's ban on government promotion of a religious doctrine.

The monument "will be taken out very soon," said state Attorney General Bill Pryor on Fox News' "DaySide." "We have an obligation to uphold the rule of law."

Lawyers seeking removal of the monument had previously told U.S. District Judge Myron Thompson they would not press to have Moore held in contempt for refusing to move it.

The lawyers also said Friday they would not seek to have the state fined, telling Thompson on a conference call that they were convinced the monument would be out of the state building by next week despite the resistance of Moore.

• Video: Interview With Roy Moore

"Our concern all along has been compliance with the constitution. Once the monument has been removed, our concerns will have been addressed," said attorney Ayesha Khan, who participated in the call.

After Thompson's deadline had passed, Moore's eight associate justices on the state's high court on Thursday ordered the granite marker taken out of the rotunda. But court officials were still trying to determine where it might go in the building and if the area would allow proper security.

About 40 demonstrators remained outside to support Moore, who installed the monument in the rotunda where visitors can easily see it and refused to move it even after Thompson ruled that the public display violated a constitutional ban on government promotion of religious doctrine.

Moore contends it is a proper acknowledgment of God and the moral foundation of American law.

"What this federal judge has said is that we cannot acknowledge God," Moore told Fox News on Friday. "My battle is not with the justices of the court, my colleagues, my battle is with the federal government, who has come in and told us how to think, who we can believe in."

He spoke Friday with the Alabama Judicial Building's manager, Graham George, who was instructed by other justices to carry out the removal. The conversation took place near the monument, but it wasn't known what the men discussed. George hasn't said when, how or where the monument will be moved.

An organizer of pro-Moore demonstrations, Patrick Mahoney of the Christian Defense Coalition (search), said Friday the demonstrations would continue as long as the monument is still in the building.

"Our message is clear. We are going to peacefully block the way if they try to move it," Mahoney said.

Pryor, speaking for the eight associate justices, told Thompson on the conference call that building officials were considering potential security problems because of the ongoing demonstrations as they sought the best location for the monument, according to Khan. Khan is an attorney for Americans United for Separation of Church and State (search), one of the groups seeking removal of the monument.

Under Thompson's order, the monument could go in Moore's office. But according to Khan, Moore said it was too heavy.

The supporters kept vigil Friday morning from sleeping bags and bedrolls strewn outside the building.

The Rev. Herman Henderson of Believers' Tabernacle in Birmingham opted to nap on the concrete with his head resting on sheet music for the song, "I Shall Not Be Moved."

They remained quiet throughout the night, prompting police to retreat to their post across the street.

Lawyers suing to remove the monument also have filed a complaint with the state Judicial Inquiry Commission, citing Moore's refusal to obey a court order to move the monument.

The complaint alleges Moore violated canons of judicial ethics. The commission, which operates like a grand jury, met Friday behind closed doors. It can send a case to the Court of the Judiciary, which holds trials and has the power to discipline and remove judges.

Richard Cohen, a Southern Poverty Law Center attorney who is representing plaintiffs, said those filing the complaint against Moore were not asked to meet with the commission. He said Moore was given an opportunity to meet with the commission Friday, but it wasn't immediately known if he did.

One demonstrator, retired Birmingham school teacher Murray Phillips, said she knows the monument will probably be gone from the rotunda soon.

"I'm upset, but I'm not surprised. At least I am going to be able to say to my grandchildren that at least I tried to do something," Phillips said.

Fox News' Orlando Salinas and The Associated Press contributed to this report.

[Arthur Wildfire! March]

"I am not - believe it or not - unsympathetic to your views here. But that's simply not possible under the Constitution as it is written."

Congress controls the purse strings. What amendment cements the pay rates of Federal judges?

[B Knotts]

Already happened. The US Supreme Court rejected the appeal.

[Pokey78]

The link for that article.

[gsrinok]

I thought you said this was a STATE matter, for Alabama?

It was until the feds stepped in.

[jla]

This is a lose/lose senerio.

How's that? Since the Left has made this a controversy a solid majority of folks in Alabama have continually supported Judge Moore.
No disrespect intended, Redwood, but at what point do some Conservatives cease backing up from the Left and stand their ground?

[Arthur Wildfire! March]

"Doesn't the SCOTUS chamber have the 10 Commandments chiseled in stone?"

They have a depiction of Moses holding two tablets. The only difference is the lines on the two tablets are as blurry as the judiciary's understanding of the Constitution.

[aristeides]

Article III of the U.S. Constitution says the pay of federal judges cannot be cut. But there is nothing stopping their jurisdiction from being trimmed.

[My2Cents]

Agreed. Something is going to come out of this. Judge Moore is too dedicated to let this die, and I get the impression he's too smart to be outmanuevered.

This may become a bigger issue than the "Pledge of Allegience" issue in the 1988 presidential election.

[sinkspur]

Do these Alabama judges understand that they are judges for the sovereign State of Alabama or do they think somehow that they are functionary judges for a national government?

I'm sure they decided, as did Moore's eight associates, that a judge who will not honor a federal court should be overturned, and, in this case, be tried for contempt.

Moore is in danger of being fired.

[unixfox]

So what are we going to *do* about this??!

Time to unite and revolt against the tyranny of this so-called government that we are up against.

Lines have been drawn, and they have over stepped.

[general_re]

What amendment cements the pay rates of Federal judges?

No amendment - Article III, section 1.

"The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office."

It's to - ahem - keep the political branches from using the pay of judges to force them to adopt a particular view. Essentially, to prevent exactly what you're proposing ;)

[gsrinok]

Sinkspur, what's your big problem with Judge Moore? Is it so offensive to see a God-fearing man standing up for what he and the majority of Americans believe?

[Arthur Wildfire! March]

TY for the information. Unfortunately, the only way I know of trimming their jurisdiction is the impeachment process.

[colorado tanker]

Wheter or not we agree with a ruling, if we refuse to abide by it, aren't we advocating anarchy? I thought we had to abide by all the laws, not simply the ones that we agree with. There are legal challenges that may be undertaken to overturn a lae or decision if they are truly unjust, that's what makes this country so great. Just a thought

I agree with you.

I am in complete agreement with Judge Moore's position that the Constitution does not prohibit the State of Alabama from displaying the Commandments. But it is fundamental to the rule of law that a valid court order be obeyed even if its wrong. For the State's highest judicial officer to ignore a court order is a very bad thing - what kind of example is he setting for ordinary citizens who disagree with a judge's ruling? He should take his appeal to the SCOTUS.

[Dog Gone]

Anybody who would advocate that a judge should defy a court order from a superior court is unfit to serve in the Federal Judiciary.

Moore should be suspended and probably removed. That has nothing to do with the commandments issue. It has everything to do with adhering to the rules. He violated Canon 1 of the Alabama Code of Judicial Ethics, if nothing else.