When it comes to everyone’s favorite theocrat, former Alabama Justice Roy Moore, late Friday brought a flurry of updates. As far as I’m concerned, it was all good news.
After a state judicial ethics panel unanimously threw Moore off the state Supreme Court in November, Moore appealed. The problem was all of his former fellow justices had a conflict of interest and couldn’t hear the case. The state convened an ad hoc state Supreme Court made up of retired state judges just to hear Moore’s case.
Friday, it ruled just as every judge who has ever heard Moore’s case had: against him.
An ad hoc Alabama Supreme Court on Friday denied the appeal of Roy S. Moore, the former chief justice who was removed from office in November for defying a federal judge’s order to stop displaying a Ten Commandments monument in the State Judicial Building in Montgomery.
The temporary court voted 7 to 0 to uphold Mr. Moore’s ouster, writing that the evidence against him was so “sufficiently strong and convincing” that the lower court “could hardly have done otherwise.”
This was the first piece of good news. Moore may be a terrific advocate of an anti-democratic Christian theocracy, but he’s unusually ill-suited to be a judge. Friday’s decision should “seal the deal” against Moore.
Which leads me to the second piece of good news: Now Moore can launch his presidential campaign as a member of the Constitution Party.
When Moore first started flirting with the idea of challenging Bush from the right, he said he was putting off any decisions until after his appeal to get his old job back. Well, Moore appealed and he lost. Again. If he were so inclined, Moore’s schedule is now clear for the campaign I’d like to see him run. The far-right Constitution Party has already made overtures to Moore, letting him know their presidential ballot slot — which appears in 41 states — is his if he wants it.
Whether he wants it, however, is still unclear. Slate’s Tim Noah, who has been following this almost as closely as I have, talked to Moore’s office on Friday.
According to Moore’s spokeswoman, Jessica Atteberry, Moore isn’t going to make any plans until he figures out how to respond to the Alabama ruling. Moore’s lead attorney, Phillip Juaregui, told [Noah], “We have two options to consider.” One is to appeal the decision to the U.S. Supreme Court. The other is to ask for a rehearing before the Alabama Supreme Court.
Actually, both possibilities are transparently silly. The Alabama Supreme Court has already ruled unanimously. Its decision was entirely one-sided and left no gray areas. Why ask for a re-hearing? Likewise, the U.S. Supreme Court would have even less interest in the case. The high court has already ignored Moore’s pleas in the past, and since this case deals with the ruling on a state judicial ethics board, there’s no chance this case would be heard on appeal.
Moreover, Moore’s team is already making other career plans. Phillip Jauregui, who argued Moore’s case, is now running for Congress. Moreover, Tom Parker, Moore’s former spokesman and legal adviser, is running for the state Supreme Court. I think the writing’s on the wall here.
Moore could generate tons of attention for his cause by hitting the campaign trail and becoming the right’s version of a certain former consumer advocate who shall remain nameless. Now that his calendar is clear, there’s nothing holding him back.
And finally, the last piece of Moore-related fun dealt with some Alabama taxpayers who have a bill they’d like Moore to pay.
A lawsuit filed Friday against ousted Chief Justice Roy S. Moore said he used arguments “calculated to lose” his Ten Commandments monument case and should pay $550,000 that Alabama owes lawyers who sought the marker’s removal.
The lawsuit was filed the same day a special state Supreme Court upheld Moore’s expulsion from office for refusing a federal court order to remove the 5,300-pound monument.
Lawyer David Gespass of Birmingham said the lawsuit seeks to have Moore reimburse the state. The suit says he should have known that defending the monument as an “acknowledgment of God” was certain to fail.
I had to laugh at this one. I don’t think it’ll work, but it’s amusing that Moore is being sued for effectively launching a moronic defense.