Update on Justice Roy Moore, Rally in September
Motions from both parties in the case of Alabama Supreme Court Justice Roy S. Moore were dismissed during Monday’s hearing before the Alabama Court of the Judiciary. A trial is now set for September 28, and supporters of Judge Moore will be rallying to support him starting at 8:30 am at the Alabama Supreme Court building in Montgomery.
Mat Staver, counsel for Justice Moore, filed a motion in July to have the JIC charges dismissed on the grounds that Moore never ordered the probate judges to disregard the U.S. Supreme Court’s marriage opinion.
The motion brought forward by the JIC sought to have Moore, a duly elected official, from the bench without so much as a trial. This motion was also denied. JIC prosecutor John Carroll, who has ties to some of Justice Moore’s chief opposition, claims that Moore was not simply offering advice to Alabama probate judges.
Judge Moore is simply doing his constitutional duty regarding the Supremacy Clause of the United States Constitution (Article VI, Clause 2), which establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the supreme law of the land – not judicial opinions. Due to the fact that courts cannot make laws, according to the U.S. Constitution, Alabama law banning the issuing of marriage licenses to same sex couples is still in effect, and in order for it to be altered it must be officially rescinded and replaced with new legislation put forward by the appropriate branch of government. Justice Moore’s order was issued pursuant to that constitutional fact, and strongly encouraged his colleagues to dispel the existing concern and uncertainty by promptly addressing the question.
For a more detailed look at the Supremacy Clause and issues surrounding see The Not So Supreme Court – A Look at the Supremacy Clause.
The rally will be held Wednesday, September 28, 8:30 AM – 11 AM, at the Alabama Supreme Court building, 300 Dexter Ave, Montgomery, Alabama 36104.