Affirming discipline in Alabama same-sex marriage case

A special Alabama Supreme Court has affirmed the decision of the Court of the Judiciary suspending Chief Justice Roy Moore of the Alabama Supreme Court from office without pay for the remainder of his term for directing or appearing to direct all Alabama probate judges to follow Alabama’s marriage laws in complete disregard of a federal court injunction; demonstrating an unwillingness to follow clear law; deciding substantive legal issues while purporting to act in his administrative capacity; substituting his judgment for the judgment of the entire Alabama Supreme Court on a substantive legal issue in a case then pending in that Court; interfering with the legal process and remedies in the U.S. District Court and/or the Alabama Supreme Court; and making a public comment about a pending proceeding and then failing to disqualify from the case.  Moore v Judicial Inquiry Commission (Alabama Supreme Court April 19, 2017).  The Court that issued the opinion was comprised of 7 special justices chosen after the other justice of the Court recused themselves from the appeal by random from a pool of all retired appellate justices and judges, retired circuit court judges, and retired district court judges, who are members of the Alabama State Bar, capable of service, and residents of the State of Alabama.  The Court of the Judiciary decision was summarized in a previous blog post.

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