The Boston Globe had an interesting item today on former Alabama Supreme Court Chief Justice Roy Moore, the theocrat who was removed from the bench for refusing to abide by a federal court order (Moore believes he can pick and choose which court orders to ignore and which to follow because federal law, as he sees it, has no jurisdiction over his religious crusade).
The Globe’s Nina Easton noted that Moore’s popularity could be a “problem” for Republicans. I thought she meant in Alabama. She didn’t.
As Republican strategists weigh the party’s prospects for 2006 and 2008, they are increasingly worried about a political confrontation with Roy S. Moore, the former chief justice of the Alabama Supreme Court who became a hero to religious conservatives when he refused to follow a federal court order to remove a Ten Commandments monument from the state’s judicial building.
Moore, a Republican who enjoys widespread support in his home state, is poised to run against a vulnerable Republican governor. If he wins, some party strategists speculate, he could defy a federal court order again by erecting a religious monument outside the Alabama state Capitol building. With the 2008 presidential race looming, President Bush would then face a no-win decision: either call out the National Guard to enforce a court order against a religious display on state grounds or allow a fellow born-again Christian to defy the courts.
And wouldn’t that be interesting.
This came up briefly in mid 2003. Alabama’s favorite theocrat had been ordered to move his religious monument from the state courthouse after having lost every court fight at every level of the judiciary. He refused. State officials ultimately intervened to enforce the order, but the system got lucky — had Alabama officials taken Moore’s side, it would have been up to Bush, Ashcroft, and federal marshals to intervene and support the rule of law and our constitutional system.
Which brings us to the next likely problem — what to do when Roy Moore, representing the Taliban-wing of the Republican Party, becomes the top state official in Alabama.
It’s not too big a stretch here. Moore’s already planning to run for governor, a race in which he’ll be favored to win. Once elected, Moore would likely start using his position to promote and endorse his fundamentalist beliefs all over again. Moore will get sued, he’ll lose, and he will once again ignore federal court orders.
What, exactly, would Bush do under the circumstances? I honestly have no idea.