You’ve probably heard that Alabama Supreme Court Chief Justice Roy Moore says that even though federal courts have ruled against the state’s marriage ban, he doesn’t have to obey their ruling. Is he correct? Well, not exactly. In fact, not at all.
Moore sounds awfully confident about his assertion that he can pick and choose which rulings to follow. But just think about what he’s saying for a moment — if state officials could just say “eh, I don’t like that ruling, I don’t think I’ll follow it,” then there wouldn’t be much point in having a federal court system, would there? The Constitution is clear: federal rulings are the law of the land, whether they come from the Supreme Court or one of their courts below the Supreme Court.
The best claim that Moore can make is that only the Supreme Court can boss him around, and that federal District Courts and Appeals Courts have no authority. This is equivalent to being given an assignment by your boss at work, and then saying “well I’m not going to do that unless the CEO tells me to.” You’d get fired, which if we’re lucky will be exactly what happens to Moore. Again. (He’s already been fired once for doing this, but voters reinstated him.)
It can’t be pointed out enough that this is exactly what segregationists tried to do in the 1950s. When federal courts ordered southern states to stop sorting children by race, a lot of state officials just said “no” and tried to claim that they could “nullify” federal rulings if they wanted to. Well, guess what — they can’t. Sorry, bigots. It didn’t work in the ‘50s, and it’s not going to work today.
How about we take this to the next level?
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But you know what might work? Sally Kern’s loathsome new law that would protect ex-gay predators. Instead of trying to fight marriage equality in court, she’s instead proposed a bill that would prevent the state from shutting down abusive ex-gay torture camps. We all know that “ex-gay” is not a real thing — it’s condemned by every real medical organization in the country, it causes significant harm, and a lot of the guys running “ex-gay” practices have been accused of (and sometimes convicted of) sexual assault. Kern’s bill would perpetuate that cycle of abuse, and unlike Moore’s imaginary legal theories, her bill might actually be able to pass constitutional muster.
Cam
There is no difference between what that judge in Alabama is doing and the clerk in Louisiana who said he wouldn’t give marriage licenses to interracial couples.
Neither are doing their job.
Desert Boy
Adding to the discussion, or pharmacists who refuse to dispense birth control pills to women. Unethical and possibly, illegal.
musctop
Nothing but impotent bluster. They have nothing left
Bromancer7
It’s called contempt of court. Toss him in jail, disrobe and/or disbar him.
hyhybt
When I was in elementary school, there was still one time each year they sorted students by skin color: the day they took everyone’s school picture. Supposedly it had to do with adjusting the camera settings less.
Ladbrook
This should surprise no one, it’s ALABAMA. Hopefully the national media will start drawing a stronger parallel between this buffoon and Alabama’s former Governor George Wallace… the idiot who used the phrase “segregation now, segregation tomorrow, segregation forever” in his inaugural address back in the early 60’s. He then went on to stage those ridiculous “schoolhouse door blockings” at UofA when black students were trying to enroll. Etc etc etc
Judge Moore is clearly a devoted disciple of the governor’s legacy of discrimination and thumbing his nose at DC and the federal judiciary.
Personally, I can’t wait to see their faces side-by-side in American history books a few years from now. He must be so proud.
manjoguy
Is our president “…actually allowed to ignore…” the U.S. Constitution?! Maybe judges are following the president’s lead – they can do(and rule) anything they wish.
scotshot
Activist right wing judge believes he has the power to create his own laws. News on impending Impeachment at 11.
PLAYS WELL WITH OTHERS
I am ascared to think of the twisted skeletons this vile abhorrent pig has hiding under his black skirt…………..
vive
In some states police are still harassing men with anti-sodomy statutes that were found unconstitutional more than a decade ago.
GayEGO
It is really painful to me to watch these idiot judges and AGs spew this hoopla about their garbage beliefs. Eventually, after they lose, we will see less and less of them as they learn it is not to their advantage to discriminate against American citizens.