Since we last checked in on our theocratic friend in Alabama, State Supreme Court Chief Justice Roy Moore, the campaign to keep his Ten Commandments monument in the state judicial building has faced several setbacks. In fact, the religious display may be removed as early as today.
Perhaps most importantly, the Alabama Inquiry Commission voted Friday to suspend Roy Moore from his duties on the state Supreme Court. Because Moore refused to follow a federal district court order, the commission filed a six-count charge against Moore with the state’s Court of the Judiciary, which then temporarily suspended Moore from his position as chief justice.
The Court of the Judiciary is an independent yet official state oversight committee made up of four judges, three lawyers and two non-lawyers. If the committee votes to convict Moore, he could face a formal censure, a longer suspension, or possibly even removal from office. Oddly enough, Bill Pryor, Alabama’s attorney general, will be responsible for prosecuting Moore, which puts Pryor — who is almost as nutty as Moore — in quite a pickle.
In the meantime, the $5,000-a-day fines have been put off, at least temporarily, because the remaining eight justices at the Alabama Supreme Court, including the acting-chief justice, have agreed to follow the district court’s order on removing the Decalogue display. (Sorry, Dr. Who, we probably won’t see the fine totals reach billions of dollars.)
Moore, meanwhile, in addition to facing punishment for his actions from Alabama’s Court of the Judiciary, may also have to deal with contempt of court charges for ignoring the federal district court’s order in the first place. The attorneys suing Moore, including my buddies at Americans United for Separation of Church and State, agreed last week not to pursue contempt charges against Moore so long as the religious monument was moved as required. This seems quite sporting of them — there must be quite a temptation to try and stick it to Moore as best as possible — but they figure this is about First Amendment principles and the rule of law, not going after Moore personally.
At least one side in this case has some class and dignity.
Moore’s minions, meanwhile, are gearing up for still more fighting.
“I think in 20 or 30 years we’ll look back and see this as a turning point in history,” said Alabama state Rep. Spencer Collier (R). Fanatic Flip Benham held a mock trial (or more accurately, mock show trial) and said, “We hold you, Judge Thompson, and the United States Supreme Court in contempt of God’s law.” Some of the several dozen protestors holding around-the-clock prayer vigils celebrated as they burned copies of the district court’s ruling on the courthouse steps.
These are, to be sure, some pretty scary folks.
We’ll probably hear more about the events in Birmingham later today. I’ll probably post an update before the close of business.