Thursday, October 27, 2016

Did you know that Roy Moore is still chief justice of Alabama?

Mat Staver and Roy Moore
Thus sayeth Mat Staver to WBHM, Birmingham. Staver claims that Roy Moore is technically still Chief Justice of the Alabama Supreme Court, despite being suspended for the remainder of his term without pay.
She [the acting chief justice] is acting as though this case is over. She’s acting as though he’s been totally removed. This case is far from over and no one should be vacating any offices, and frankly none of the staff attorneys should have been fired either.
Let us remember that Mr. Moore is not a victim. Nor is he being persecuted. The real victims are the gay couples who were treated as second-class citizens because Moore decided, contrary to the U.S. Supreme Court, that they should not receive marriage licenses. Who the fuck did he think he is? God's personal surrogate?

Something tells me that this is ultimately headed to federal court. Nevertheless most verdicts take immediate effect. For example, if you are convicted of a violent crime you are probably going to file your appeal while you sit in prison for a few years. Similarly, if you lose a civil action and wish to appeal you are going to have to post a (collateralized) appeal bond at least equal to the amount of the judgment.

What is happening here is that the court has determined that Moore is unlikely to prevail on the merits. Therefore he has been told to clear out his office and his tainted law clerks have been terminated.

Staver is basing his claims on the notion that a unanimous verdict for termination did not exist and that the suspension for the balance of his term is de facto termination. The court did have a unanimous verdict for suspension so I doubt that Moore has a viable case. But it is Alabama and anything can happen in Alabama and that is an understatement.

The state is currently assembling a special panel to hear this case from retired judges (who don't need the public's approval for reelection). Staver has already said that he doesn't like the process which is why I think that this is ultimately headed to federal court.

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