Roy Moore loses court appeal

A special court unanimously upheld the decision of the Alabama Supreme Court to oust Chief Justice Roy Moore for his refusal to remove a Ten Commandments monument.

The Special Alabama Supreme Court, which voted 7-0, issued its opinion [pdf file] this afternoon.

Roy Moore (Photo: WSFA.com)

Moore said in response to the decision: "The elected representatives of the people, the eight associate justices of the Alabama Supreme Court, hid behind the robes of an illegally appointed, politically selected court."

The elected judges disqualified themselves from deciding Moore's appeal, which instead was heard by seven retired judges selected at random.

Moore's spokeswoman, Jessica Atteberry, said possible options now are to request a rehearing or appeal to the U.S. Supreme Court.

In legal briefs, Moore argued his dismissal from office Nov. 13 for defiance of a federal judge's order to remove a Ten Commandments monument sets a "dangerous precedent" that requires judges to deny their oath of office by barring acknowledgement of God, which is stipulated in Alabama's constitution.

Moore said today's decision was "political in nature."

"This is about the acknowledgment of God, and many judges can't admit they are wrong and that they can enter unlawful orders," he said. "The rule of law is the written law and it is clear. The people of Alabama have a right to acknowledge God and no judge or group of judges has the right to take it from them."

Rule of law is 'what the law says'

In an interview with WND in December, Moore argued "the rule of law is not Judge Thompson's order, but what the law says."

"There are too many people in our country who don't recognize that the rule of law is not whatever a judge says," Moore said. "If that were true, judges in Hitler's Germany would have been correct ordering people to die."

One point of emphasis was Thompson's unwillingness to define religion.

In his 94-page opinion, Thompson said Moore's "definition of religion proves, if anything, that it is unwise, and even dangerous, to put forth, as a matter of law, one definition of religion under the First Amendment."

In November, Moore announced he will propose federal legislation to reassert the power he insists Congress already has to limit the jurisdiction of federal courts.

He made a veiled reference to his legislative move against "activist judges" immediately after he was removed from office, promising he would make an announcement that "could alter the course of this country."

Wednesday, he met with like-minded Republican lawmakers in Washington, including House Judiciary Committee Chairman James Sensenbrenner, R-Wis., who said the panel would hold a hearing this year the proposal.

Senate Judiciary Chairman Orrin Hatch, R-Utah, is considering a similiar hearing.

"Congress has every right, indeed every duty, to regulate that jurisdiction in conformity with the Constitution," Moore said in an interview with The Associated Press. "That's all we're asking – to stop this runaway judiciary."

Moore, according to the AP, says the proposal codifies existing law that recognizes God is an organic part of the country, acknowledged in oaths, mottos and documents, including the U.S. Constitution.

Previous stories:

Roy Moore for president?

Roy Moore asks high court to restore him

Roy Moore files notice to regain position

Roy Moore to appeal removal from office

Alabama voters file suit to restore Moore

Roy Moore owes Alabama $7,000?

Roy Moore plans bill to curb federal courts

Alabama ousts Justice Moore

Alabama moves to oust Judge Moore

Moore petitions Supreme Court

Moore takes Decalogue battle to D.C.