As promised, Alabama Supreme Court Chief Justice Roy Moore held a press conference today to announce his decision on his Ten Commandments monument. Unfortunately, he said he’s keeping his granite religious display right where it is, despite two decisions from the federal courts.
A federal district court had given Moore an Aug. 20 deadline to remove the washing machine-shaped religious display from the state judicial building. Almost immediately, Moore and his attorneys argued that federal courts have no jurisdiction over his religious crusade and Moore hinted that he would defy the court order and dare the federal judiciary to do something about it.
Today, Moore made those hints less ambiguous. He is certain that he is above the law.
“I have no intention of removing the monument,” Moore said. “This I cannot and will not do.”
The announcement didn’t come as a big surprise. Moore has been saying for weeks — indeed, years — that federal courts could not prevent him from using his position as a judge to pursue a religious agenda. As Moore said just last week, “The federal district court has no jurisdiction, power or authority to remove this public acknowledgment of God.”
Judge Myron Thompson, who issued the court order last week, said that if the monument is not removed by the Aug. 20 deadline, he will hold Moore in civil contempt. Moore would then face fines of $5,000 a day for the first week, with the amount doubling at the beginning of each week thereafter.
Eventually, something will have to give.
Moore has chosen to disregard the rule of law and scoff at the notion of justice being served. The federal courts, while understandably hesitant about confrontation, cannot allow Moore to ignore direct court orders forever.
The next step is waiting to hear whether the Supreme Court will hear Moore’s appeal. Considering previous precedent, it would quite a surprise if the high court granted cert. Even if it did, Moore would certainly lose here as well. (Of course, one wonders why the Supreme Court would matter to Moore at all. It’s the top court of the federal judiciary system — which Moore doesn’t believe has jurisdiction over him anyway.)
The district court’s fines will kick in next week, but Moore won’t pay them. Eventually, the law will have to be enforced. It may not be pretty.