Roy Moore To Run Again For Senate

Roy Moore, former Chief Justice of the Alabama Supreme Court, announced yesterday that he will once again run for the U.S. Senate seat from Alabama. CNN, reporting on Moore's announcement, said in part:

Moore has long been a controversial figure in the state. He was twice elected as Alabama chief justice but was removed both times, for installing a giant statue of the Ten Commandments in the state judicial building and for ordering lower court judges to refuse to marry same-sex couples.

"We have every right to recognize God," Moore said. "That'll be a main factor in my race."

Senate Republicans generally hope that Moore will be defeated in the Republican primary.

Republican Senators Call For Roy Moore To Withdraw From Senate Race After Sex Charges

According to the Washington Post, a number of Republican senators are calling for Roy Moore, Alabama candidate for the U.S. Senate, to withdraw if charges in an earlier Washington Post article today are true.  The article, based on detailed interviews with named accusers, says that Moore engaged in improper sexual contact with a 14-year old girl nearly 40 years ago when Moore was a 32 year-old assistant district attorney.  Three other women say Moore tried to date them when they were between 16 and 18 years old.  Moore, well known for his battles defending a Ten Commandments monument and opposing same-sex marriage, says that the charges "are completely false and are a desperate political attack by the National Democrat Party and the Washington Post."  The special election in Alabama in which Moore faces Democratic nominee Doug Jones is scheduled for Dec. 12.

UPDATE: Defending Moore, Alabama State Auditor Jim Zeigler told the Washington Examiner:  "[T]ake Joseph and Mary. Mary was a teenager and Joseph was an adult carpenter. They became parents of Jesus. There’s just nothing immoral or illegal here. Maybe just a little bit unusual."

Roy Moore Wins Republican Runoff In Alabama

Former Alabama Supreme Court Chief Justice Roy Moore won yesterday's Alabama Republican U.S. Senate primary runoff, prevailing over Luther Strange who has served in the U.S. Senate for six months.  Moore won by a vote of 55% to 45%. (Official results).

As reported by CNN:

Moore now faces Democratic nominee Doug Jones in a December general election in the race to replace Attorney General Jeff Sessions.

Moore's win Tuesday night will thrust his long history of homophobic and racially tinged remarks into the spotlight.

He has campaigned on a platform of placing Christianity at the center of public life. In 2003, Moore was removed as state Supreme Court chief justice for refusing to take down a Ten Commandments monument. He was re-elected to the job, and then ousted again in 2016, when he refused to follow the US Supreme Court's ruling legalizing same-sex marriage.

Though Alabama is a solidly red state, Democrats hope Jones, a former federal prosecutor who rose to prominence by leading the government's case against two perpetrators of the 16th Street Baptist Church bombing, can make the race competitive.

Here is additional background on Moore from Wikipedia.

Moore Tweeted from his victory rally: "There's one person you don't see on this stage that's done more for my campaign than anybody, and that's almighty God."  In a second Tweet, he added: "We have to return to the acknowledgment of God, and the United States Constitution."

Today Is Alabama Senate Primary Runoff Between Moore and Strange

Today in Alabama, Republican voters go to the polls in the runoff U.S. Senate primary race between incumbent Luther Strange and former Alabama Supreme Court Chief Justice Roy Moore.  Moore is known for his high profile battles in which he refused to remove a Ten Commandments monument from the Alabama Supreme Court building and his defiance of the U.S. Supreme Court's same-sex marriage ruling.  Al.com reports that in his final campaign rally last night, Moore told a large crowd: "For whatever reason, God has put me in this election at this time and all of the nation is watching."

Roy Moore Moves To Run-Off Against Luther Strange In Alabama U.S. Senate Primary

As reported by AP and the New York Times, former Alabama Supreme Court Chief Justice Roy Moore came in first, capturing 38.9% of the vote, in yesterday's Alabama Republican primary for U.S. Senate. He will face incumbent Luther Strange, who received 32.8% of the vote, in the second round of the primary on Sept. 26.  Moore was removed as Chief Justice in 2003 when he refused to obey a court order to remove a Ten Commandments monument that stood on the state courthouse grounds.  After being re-elected as Chief Justice, last year he was suspended from his position for instructing probate judges to deny marriage licenses to same-sex couples. (See prior posting.)

Roy Moore Announces Run For U.S. Senate Seat From Alabama

In Alabama this week, Roy Moore who has been suspended for the rest of his term as Chief Justice of the Alabama Supreme Court because of his defiance of same-sex marriage rulings (see prior posting) announced that he will formally resign from his judicial position in order to run for the United States Senate.  The Republican primary for the seat is scheduled for August (with a potential run off in September). The special election itself is scheduled for December 12.  The Senate seat initially opened up when former Senator Jeff Sessions was appointed U.S. Attorney General. According to AL.com, Moore will face several opponents in the primary, including incumbent Sen. Luther Strange who was appointed on an interim basis to Sessions' seat by Alabama Gov. Robert Bentley, and Dr. Randy Brinson, president of the Christian Coalition of Alabama.  In his announcement, Moore said in part: "My position has always been God first, family then country. I share the vision of President Donald Trump to make America great again."

Alabama Supreme Court Affirms Suspension of Chief Justice Over Defiance of Same-Sex Marriage

Yesterday, a specially composed panel of judges sitting as the Supreme Court of Alabama unanimously affirmed the judgment of the Alabama Court of the Judiciary suspending Alabama Supreme Court Chief Justice Roy Moore for the remainder of his term. Six judges joined in the court's opinion, while one judge concurred only in the result. In Moore v. Alabama Judicial Inquiry Commission, (AL Sup. Ct., April 19, 2017), the court in a 66-page opinion agreed that Moore violated various provisions of the Code of Judicial Ethics when he issued directions to Alabama judges to refuse to issue marriage licenses to same-sex couples despite federal court decisions and orders to the contrary, including the Supreme Court's Obergefell decision.  AL.com reports that Moore remains defiant

Alabama's CJ Roy Moore Files Brief In Appeal of His Suspension

As previously reported, in September Alabama's 9-member Court of the Judiciary (COJ) concluded that Alabama Supreme Court Chief Justice Roy Moore violated various Canons of Judicial Ethics in issuing an order to state probate judges telling them they had a duty under Alabama law to refuse to issue marriage licenses to same-sex couples. The COJ suspended Moore from office for the remaining two years of his term.  This decision is now on appeal to a specially constituted bench of the Alabama Supreme Court, the regular Justices having recused themselves. Yesterday, Moore filed a 95-page brief setting out his arguments. The brief summarizes them in part as follows:

The JIC [Judicial Inquiry Commission and the COJ did not have the jurisdiction or authority to review the Administrative Orders of the Chief Justice, as such authority is placed solely in this Court.

The COJ violated Rule 16 by imposing a de facto removal (i.e., permanent suspension without pay) upon Chief Justice Moore without the unanimous concurrence of all sitting members....

All charges against Chief Justice Moore must be dismissed because they have no legal basis and are not supported by clear and convincing evidence.... 

Section 159 of the Alabama Constitution, which imposes an automatic suspension upon the mere filing of a complaint with the COJ, represents a gross violation of due process in violation of the Fourteenth Amendment....

The JIC violated the confidentiality mandated by the Alabama Constitution and Rule 5 by disclosing information about Chief Justice Moore’s matter prior to filing charges and the penalty should be dismissal of all charges.

Liberty Counsel issued a press release announcing the filing of the brief.

Alabama Chief Justice Appeals Suspension With Cryptic Motion For Recusals

As previously reported, two weeks ago Alabama's Court of the Judiciary suspended Alabama Supreme Court Chief Justice Roy Moore for the remaining two years of his term on charges stemming primarily from his order to state probate judges telling them they had a duty under Alabama law to refuse to issue marriage licenses to same-sex couples despite controlling U.S. Supreme Court precedent to the contrary.  The decision has been followed by a series of appellate moves by Moore.  On Sept. 30, Moore filed a Notice of Appeal with the Alabama Supreme Court. Then on Oct. 10, Moore filed a Motion (full text) to recuse four current and three former Alabama Supreme Court Justices from hearing the appeal.  The grounds for seeking recusal of 6 of the 7 were filed only in a sealed affidavit with the following cryptic explanation:

Because Case No. 1150818 has been maintained under seal by the present and former justices who sat on that case, the argument for this section is not presented in this public filing. However, the facts presented in the attached Sealed Affidavit of Chief Justice Roy S. Moore amply demonstrate that the Justices, present and former, who sat on Case No. 1150818, have disqualified themselves by their biased and unconscionable actions in that case not only from participating in this case but also from playing any role in selecting a substitute Court.... Media organizations and members of the public, if they so choose, may intervene in Case No. 1150818 to demand that the records of that case be made public.

The motion also argued:

The selection of replacement Justices should be made by a random drawing from a pool of names consisting of all sitting circuit judges.

In an October 12 public statement, Moore urged the unsealing of the referenced case, saying in part:

I call upon the press to demand that the Alabama Supreme Court unseal Case No. 1150818 and, if necessary, to intervene in that case. The public has a right to know why I have requested that the justices, who participated in that case, be disqualified from playing any role in my appeal. The Court has refused my requests to unseal Case No. 1150818. I ask the Supreme Court and the media to act...

Alabama Chief Justice Roy Moore Suspended From Office Over Same-Sex Marriage Order

Alabama's 9-member Court of the Judiciary today unanimously concluded that Alabama Supreme Court Chief Justice Roy Moore violated various Canons of Judicial Ethics in issuing an order to state probate judges telling them they had a duty under Alabama law to refuse to issue marriage licenses to same-sex couples despite the U.S. Supreme Court's decision finding that denial of marriage licences to same-sex couples is unconstitutional. The Court of the Judiciary also found that Moore should have recused himself in a subsequent case involving same-sex marriage.  The Court suspended Moore from office for the remaining two years of his term.  As reported by NPR, Moore's age will disqualify him from again running for the state Supreme Court in 2018.  A majority of the court voted to completely remove Moore from office, but removal rather than suspension requires a unanimous vote.  In the 50-page opinion in In re Roy S. Moore, (AL Ct. Jud., Sept. 30, 2016), the Court of the Judiciary also took into account the fact that Moore had in 2003 been the subject of proceedings that removed him from office after his resistance to court orders relating to a Ten Commandments monument.

Ethics Complaints Are Newest Tool In Wars Over Same-Sex Marriage

Legal ethics complaints appear to have become the most recent weapon in the culture wars.  After the Southern Poverty Law Center filed a series of complaints with the Alabama Judicial Inquiry Commission against Alabama Chief Justice Roy Moore (see prior posting), an ally of Moore's has turned the tables.  On July 28, Alabama attorney Trent Garmon and his wife Holly filed a complaint against Richard Cohen, president of the Southern Poverty Law Center, over Cohen's comments attacking Moore for Moore's actions opposing same-sex marriage.  As reported by AL.com, the complaint alleges that Cohen's statements violated Alabama Rules of Professional Conduct, Rule 8.2 that provides;

A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge, 

Cohen's comments included a statement that Alabama "elected [Moore] to be a judge, not a pastor;" Cohen called Moore a demagogue and the "Ayatollah of Alabama," and said he is unfit for office.

Roy Moore's Trial On Ethics Charges Set For Next Month

After a hearing yesterday on charges against Alabama Supreme Court Chief Justice Roy Moore, the Alabama Court of the Judiciary issued an Order (full text) denying motions for summary judgment from both sides.  Yesterday's order also set the case for trial on Sept. 28. At issue are charges filed by the Alabama Judicial Inquiry Commission contending that Moore acted unethically when in January he issued an administrative order telling state probate judges that they had a duty under Alabama law to continue to refuse to issue marriage licenses to same-sex couples. (See prior posting.) Al.com reports on yesterday's developments.

Court Applies Younger Abstention To Alabama Chief Justice's Suit Over Temporary Removal

In Moore v. Judicial Inquiry Commission of the State of Alabama, (MD AL, Aug. 4, 2016), an Alabama federal district court, applying the Younger abstention doctrine, dismissed a suit brought by Alabama Chief Justice Roy Moore challenging a provision of the Alabama Constitution that provides a judge formally charged with misconduct shall be disqualified from acting as a judge while the complaint is pending.  Moore is charged with judicial misconduct because of his issuance, after the U.S. Supreme Court's Obergefell decision, of an administrative order to all probate judges telling them that they had a duty under Alabama law to continue to refuse to issue marriage licenses to same-sex couples. (See prior posting.)   As reported by the Washington Times, Alabama is the only state with an automatic removal provision for judges charged with misconduct.   A hearing before the Judicial Inquiry Commission on the case is scheduled for Monday.

Roy Moore's Internal Court Memos Disclosed

As previously reported, in May the Alabama Judicial Inquiry Commission filed a Complaint against Alabama Supreme Court Chief Justice Roy Moore contending that Moore abused his authority and acted in violation of the Code of Judicial Ethics when in January he issued an administrative order to all probate judges telling them that they had a duty under Alabama law to continue to refuse to issue marriage licenses to same-sex couples. Now, as reported by The Advocate, pleadings filed with the Judicial Inquiry Commission (full text) include redacted versions of two memos which Moore sent to the other Justices urging them to issue an opinion providing guidance to probate court judges.  He wrote in part:

Obergefell is particularly egregious because it mandates submission in violation of religious conscience (ask Kim Davis). Either go along or be disqualified from holding public office. In the near future Christians like Clerk Kim Davis will be driven out of public life, forced to forsake their faith or their livelihood....

 As Justice Alito stated, Obergefell "will be used to vilify Americans who are unwilling to assent to the new orthodoxy" and "to stamp out every vestige of dissent." ... The suppression of all dissent is now underway.

To paraphrase Martin Niemoller: They came for the florists, but I didn't deal in flowers; They came for the bakers, but I didn't bake cakes; They came for a county clerk in Kentucky, but that seemed far away; Then they came for me, and there was no one left to speak out.