Guest commentary: Moore and Wallace

Published 12:00 am Friday, November 28, 2003

I sincerely desire to write praising Chief Justice Roy Moore; however, there are some facts that most citizens of Alabama have failed to investigate properly. Roy Moore professes to be a Christian. I know that Jesus Christ is my personal Lord and Savior. I pray and praise Him often.

Everybody is talking about the firing of Chief Justice Roy Moore simply because "he displayed the Ten Commandments in the Courthouse." There might be some who really do not know the 10 Commandments by heart! I invite each of you to read from His Holy Bible the 5th Chapter of Deuteronomy and remember them. Then I want you to read:

De 6:9 And thou shalt write them upon the posts of thy house, and on thy gates.

Do YOU have the Ten Commandments on the posts of your house or your gates? Do you have them on a wall inside your house? Then read:

De 6:7 And thou shalt teach them diligently unto thy children, and shalt talk of them when thou sittest in thine house, and when thou walkest by the way, and when thou liest down, and when thou risest up.

Do YOU teach the Commandments to your children?

If I have not offended you too much, read on.

The vast majority of US are not qualified or eligible to serve as a Judge, other than Probate Judge. First, you have to be a lawyer. You have to successfully attended law school and pass the Alabama Bar exam, which is a thorough test to determine the individuals knowledge of not only Alabama law, but Federal laws. The success rate of fully schooled lawyers attempting the Bar exam is around 70 percent. So lawyer/Judge Moore would have been very knowledgeable of the overall judicial system as stated in OUR Constitution of the United States and the 1901 Constitution of Alabama as amended.

Chief Justice Roy Moore was faced with a District Court order to remove the 10 Commandments granite monument from the rotunda of the Supreme Court. The Eleventh Circuit Court of Appeals upheld District Court's ruling. They were relying on the U.S. Supreme Court decisions ONLY. The Eleventh Court almost begged Chief Justice Moore to file a "stay" (stop) on their orders and appeal to the U.S. Supreme Court! Every law that we as citizens of Alabama and the U.S. are governed by the decisions of the U.S. Supreme Court, like it or not. Following is the power granted by the U.S. Constitution to the court system:

'Article III

Section 1. The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.'

The Supreme Court governs everyone. The Nine (9) members are appointed for LIFE.

Most of the controversial decisions granted by the Supreme Court have been 5 to 4 votes. They don't agree with each other. I personally detest this system because it really allows ONE single lawyer/Judge to change the "law of the land", but who am I to question the system? I think personally that all decisions rendered by the Supreme Court, which reverses PREVIOUS rulings, should be by a 7 to 2 vote!

How can you have laws that are easily changed/reversed by just one lawyer/Judge?

I copied this via internet from the Complaint filed with the Alabama Court of Judiciary concerning Chief Justice Moore.

"On July 28, before receipt of the appellate mandate, this court held a conference call to determine if the Chief Justice had asked the Eleventh Circuit to stay its mandate pursuant to Rule 41(d)(2)(A) of the Federal Rules of Appellate Procedure, which provides that, "A party may move to stay the mandate pending the filing of a petition for a writ of certiorari in the Supreme Court."

The court scheduled the conference out of

concern that the mandate might issue while the undersigned was away on a family matter. During the call, counsel for the Chief Justice indicated that, although the Chief Justice was aware of Rule 41, he had not filed such a motion. Two days later, on July 30, the Eleventh Circuit issued its mandate, and, on August 1, this court received it. Thus, although the Chief Justice could have requested a stay of the mandate (and thereby of the injunction the court enters today) pending a request for review by the United States Supreme Court, the Chief Justice chose, for reasons not made known to this court, not to do so.

On August 4, this court held another conference call to determine if the parties had any opposition to the court carrying out the mandate and lifting its stay. Although the court had made clear in its December 23 order that the stay would be lifted immediately upon receipt of the appellate mandate, the court wanted to give all parties a final opportunity to voice any concerns. In a written response filed after the call, the Chief Justice stated that he opposes the lifting of the stay and the issuance of an injunction "on the grounds that the Court does not have the authority or the jurisdiction to enter an injunction in this case." Of course, the Chief Justice's argument has already been rejected by both this court, Glassroth v. Moore, 229 F. Supp. 2d 1290 (M.D. Ala. 2002), and the Eleventh Circuit, Glassroth v. Moore, [338 F.3d 1282 (11th Cir. 2003)]. But most notably, the Chief Justice took the same stance in this court as he had in the Eleventh Circuit by not expressly asking that the stay be continued pending any effort to obtain review in the United States Supreme Court.

Glassroth v. Moore, Order of August 5, 2003 at pp. 2-4. 9. The District Court then ordered that its stay entered on December 23, 2002, be dissolved and enjoined Chief Justice Moore, his officers, agents, servants, and employees and those persons in active concert or participation with him who received actual notice of this injunction from "failing to remove, by no later than August 20, 2003, the Ten Commandments monument at issue in this litigation from the non-private areas of the Alabama State Judicial Building." Glassroth v. Moore, Order of August 5, 2003 at p. 5."

10. The District Court further stated in its order of August 5, 2003, that if the injunction should not be complied with within the time allowed, the court could "levy substantial fines against Chief Justice Moore in his official capacity and, thus, against the State of Alabama itself, until the monument is removed."

Just who was going to pay these substantial fines?

The Associate Supreme Court Justices in Alabama and others begged Roy Moore to follow the procedures ESTABLISHED by the Constitution of the United States of America! Imagine the gall I would have if I decided for ALL of you that a baseball hitter would be allowed 4 strikes before he is called out. Or, each football team would have 5 downs instead of 4 to make a first down. Absurd, preposterous, ridiculous, idiotic, I can't imagine how many different adjectives that you would give me for being so stupid. How can I, just one person, change the rules by myself for everybody else?

IF Chief Justice Roy Moore had played by the rules, so to speak, the Ten Commandments case would be on record in the Supreme Court of the U.S.A. The Supreme Court would have had the responsibility to determine if the display of the Ten Commandments in the rotunda was permitted by the Constitution!

By the way, the Supreme Court has previously ruled that the display of the Ten Commandments on public property is perfectly okay!

I predict they would have ruled 5 to 4, which way, I don't know.

Now, what do you really KNOW about Roy Moore. We know he is a lawyer. We know that he was a Circuit Court Judge and duly elected Supreme Court Judge of Alabama.

How did he get elected to these offices?

Well, he depended on VOTES from us common people; you know the ones, those that are not well informed, and those that only hear one issue or "his side of the story" so to speak, or jump on a bandwagon.

Do you remember Governor George Wallace's infamous stand at the schoolhouse door defying a Federal Court order?

But, do you remember how quickly he stepped aside?

No, because he knew he didn't have that authority.

All he wanted was the rhetoric and the chance to make a political speech.

Do you remember how he "changed" after Blacks gained voting power and decided that he was "wrong"?

He was a lawyer/politician and could easily be branded a Populist.

Or was he simply a vote getter; didn't matter how or why.

Most of us are quite content to live a quite Christian peaceful existence, minding our own business, tending to the needs of our families and friends; however, there are a few who seek political office.

I would like to think they really want to "help"; not just help themselves to some easy money.

They run around smiling and telling how they are going to really help you if you will just simply vote for them.

They might even tell you the words you want to hear to get your precious vote.

Some try to get some popular slogan.

Remember Franklin Delano Roosevelt's slogan: "a chicken in every pot".

Or how about Lyndon Baines Johnson famous statement after passage of the Voting Rights Act of 1965: "that will keep them voting for Democrats for 100 years".

I failed to write the exact terminology he used for fear of being politically incorrect.

Could this lawyer turned politician be branded another Populist?

How many of ya'll are convinced that Roy Moore is the man we need in office for whatever job he seeks; doesn't matter, he is just 'our kind of man'?

Personally, I admire the Associate Justices of Alabama and the Court of the Judiciary.

They upheld the law of the land as prescribed by the Constitution of the United States of America.

They offered lawyer/Judge Roy Moore ample opportunities for him to plead his case before the Supreme Court as established by OUR Constitution.

I truly believe that NO man or woman is above the law.

I can't help but compare him to another lawyer/populist: George Wallace.

Thad Straughn