One of the people most responsible for the Heart of Dixie turning into a Christofascist wasteland of right wing reactionary politics is in trouble again.
Judge Roy Moore was reelected to the chief judgeship of the state supreme court in 2012 after being removed from office in 2003 for refusing to comply with a federal court order to remove his ten-ton graven image of the Ten Commandments from the court building foyer. Yesterday, he reacted to a federal judge’s ruling on marriage equality by asking Governor Robert Bentley to help him nullify it, Henry Clay-style:
As Chief Justice of the Alabama Supreme Court, I will continue to recognize the Alabama Constitution and the will of the people overwhelmingly expressed in the Sanctity of Marriage Amendment.
I ask you to continue to uphold and support the Alabama Constitution with respect to marriage, both for the welfare of this state and for our posterity. Be advised that I stand with you to stop judicial tyranny and any unlawful opinions issued without constitutional authority.
Moore followed up by sharing his letter to the governor with the public and granting interviews with the press. Today, the Southern Poverty Law Center has asked the Judicial Inquiry Commission of Alabama to investigate Moore and proffer charges in the Court of the Judiciary. The SPLC complaint points out that Moore is professionally barred from making comments on pending or future litigation — and that this isn’t his first time breaking the code of judicial ethics by refusing to recognize the supremacy of federal courts in the American system.
Chief Justice Moore has himself taken an oath to uphold the federal constitution, even if there are other sources of authority he agrees with or prefers. This is simply “Constitutional Law 101” – a principle that every first-year law student at every law school in every state in the Union would grasp instantly. Chief Justice Moore’s express rejection of this foundational principle evidences either a lack of faithfulness to a principle of law that is beyond dispute or an utter lack of competence that renders him subject to discipline.
Remember, Moore is a religious chauvinist who doesn’t think the First Amendment applies to non-Christians and takes visceral delight in separating gay parents from their children. When you drill down through his John Birch Society-inflected belief system, there’s no judicial objectivity or intellectual depth there at all. He’s just a bigoted fascist with a flag and a cross who needs to be retired from the bench forever.