Chief Justice Roy Moore Files Appeal to COJ Decision

Sunday, October 9th, 2016

The following is a release by Liberty Counsel:

judge-roy-moore

Judge Roy Moore

MONTGOMERY, AL – Oct. 5, 2016 — Alabama Supreme Court Chief Justice Roy Moore has filed an appeal of the decision issued by the Court of the Judiciary (COJ) on September 30 to suspend him for the remainder of his term, which runs through January 2019. A new panel of judges will need to convene to hear the case and all the sitting justices should be recused.

The Judicial Inquiry Commission (JIC) previously requested that the Chief Justice be removed from the bench. Under the COJ rules, removal requires a unanimous 9-0 vote by the members of the COJ, which is made up of judges, a lawyer and laypeople. Absent a 9-0 unanimous vote, the COJ cannot remove a judge from the bench. But in an unbelievable violation of the law, the COJ suspended him without pay for the remainder of his term. When his term expires, he will be ineligible to run again for election as judge due to his age. So the suspension until the end of his term is a de facto removal from the bench.

“Liberty Counsel and the Chief Justice have appealed this case to the Alabama Supreme Court. These baseless charges should be dismissed and the Chief Justice should be reinstated,” said Mat Staver, Founder and Chairman of Liberty Counsel. “To suspend Chief Justice Moore for the duration of his term is a miscarriage of justice and the same as removal. The COJ lacked the unanimous votes to remove the Chief, so the majority instead chose to ignore the law and the rules. We will continue the fight for justice to prevail in this case.”

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Liberty Counsel is an international nonprofit, litigation, education, and policy organization dedicated to advancing religious freedom, the sanctity of life, and the family since 1989, by providing pro bono assistance and representation on these and related topics.

Staver: ‘Other States Should Follow Lead of Alabama’ on Same-Sex ‘Marriage’

Tuesday, March 17th, 2015
Mat Staver of Liberty Counsel.

Mat Staver of Liberty Counsel.

Liberty Counsel issued the following press release:

Alabama Supreme Court Ruling on Marriage Stands Firm

Montgomery, AL – A week after the Alabama Court issued its ruling informing all Probate Judges that they must comply and cease issuing marriage licenses to same-sex couples, the federal judge who purported to overturn Alabama’s marriage laws in January has turned down the opportunity to challenge the statewide ruling of the Alabama Supreme Court. Federal Judge Callie Granade’s new order recognizes that her prior ruling only required Alabama Probate Judge Don Davis to issue marriage licenses to four same-sex couples who were plaintiffs in the federal case. The Alabama Supreme Court’s statewide ruling now prohibits all Alabama probate judges, including Judge Davis, from issuing marriage licenses to same-sex couples.

Judge Davis had requested a stay of Judge Granade’s prior ruling because of the statewide Alabama Supreme Court order. The plaintiffs in the federal case, although they had already received the licenses they sought, urged Judge Granade to order Judge Davis to disregard the Alabama Supreme Court and issue marriage licenses to all same-sex couples who may ask. Judge Granade denied the stay requested by Judge Davis, but also declined to order him to disregard the Alabama Supreme Court.

“We are pleased that the Alabama Supreme Court’s order is being respected and followed throughout the State of Alabama,” said Mat Staver, Founder and Chairman of Liberty Counsel, which filed the suit leading to the statewide ruling. “The federal court has no authority to force the Alabama Probate Judges to issue marriage licenses to same-sex couples, and that lack of authority has been admitted by the federal court. The law in Alabama is clear. Marriage is only between one man and one woman. Other states should follow the lead of Alabama,” Staver concluded.

Liberty Counsel represents Alabama Policy Institute (“API”) and Alabama Citizens Action Program (“ALCAP”) in the Alabama Supreme Court case.

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Liberty Counsel is an international nonprofit, litigation, education, and policy organization dedicated to advancing religious freedom, the sanctity of life, and the family since 1989, by providing pro bono assistance and representation on these and related topics.

 

Fischer on Judge Roy Moore – We Believe in the Rule of Law – It’s Federal Judges Who Don’t

Friday, February 13th, 2015
Judge Roy Moore

Judge Roy Moore

AFTAH republishes this column by our friend Bryan Fischer from the outstanding website Renew America; to learn more about R.A., click HERE.  Americans are indebted to Judge Roy Moore for attempting to stop arrogant judicial supremacists from imposing homosexual so-called “marriage” on the citizens of Alabama and those in so many other states who have been disenfranchised on this critical issue. — Peter LaBarbera, AFTAH

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February 9, 2015

By Bryan Fischer

Follow me on Twitter: @BryanJFischer, on Facebook at “Focal Point”

A federal judge’s ruling is not a “law.” It is a “ruling.” So, for example, when people refer to Roe v. Wade as “the law of the land,” they are simply mistaken.

A “law” is something enacted by the elected representatives of the people (or by the people directly through referendum) and signed by the chief executive. A judge’s “ruling” is not therefore a “law.” Judges have no authority whatsoever to make law. They can issue rulings, but the power to make law is flatly prohibited to them.

This is clear from the first words in the the first article of the Constitution. “All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”

That is “all,” as in “every last little single bit,” of the power to make law has been vested in Congress. That means no legislative power whatsoever has been granted to the judiciary. That is “no” legislative power as in zip, zilch, nada.

The New York Times makes a typical and constitutionally illiterate gaffe in today’s edition, on a piece on Alabama Chief Justice Roy Moore’s directive to probate judges in Alabama to refuse to issue wedding licenses based on what Alabama state law still refers to as “deviate sexual intercouse.”

In Alabama, United States District Court Judge Callie V. S. Granade issued a ruling – not a “law” you will note – overturning the state’s marriage amendment, which was passed with 81% of the vote in 2006. Thus this tyrannical judge in one fell swoop pulverized the voting rights of 697,591 Alabamians.

This judge, acting like a black-robed despot, has ordered Alabama to begin issuing same-sex licenses as of today (February 9). Judge Moore is rightly and constitutionally saying not so fast.

Read the rest of this article »


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