The Columbus ,GA Ledger Enquirer reported yesterday on the rejection of an amicus brief in an 11th Circuit Court of Appeals case raising the constitutionality of evolution-disclaimer stickers on school textbooks. Former Alabama Chief Justice Roy Moore, who gained notoriety in his attempt to place a large Ten Commandments monument in the Alabama Supreme Court building, filed a brief along with the Foundation for Moral Law (full text of brief). In an opinion dated May 20 in Selman v. Cobb County School Dist., Acting 11th Circuit Judge William Pryor rejected the brief. He said that its arguments were irrelevant because they asked the Court of Appeals to overrule Supreme Court precedent. Several amicus briefs from others were accepted.
Judge Pryor has himself been the subject of controversy. He is currently sitting on the Court by reason of a recess appointment made by President Bush last year when Pryor’s confirmation was filibustered by Democrats. Pryor's nomination has been resubmitted to the Senate, and is likely to be confirmed now that a compromise on judicial appointments has been reached by Senators.
In response to the rejection, Moore said it demonstrated "clear contempt for the text of the Constitution".
