Removing Moore...Was it the Right Decision?

I believed at the time, and still do, that removing Judge Moore from office was a huge mistake - politically, morally, and maybe even legally. I'm not a big fan of Roy Moore - he is a bit too much of a theocrat for me - but his arguments against federal intrusion into the state government's decorating tastes were constitutionally sound and should have been met with more enthusiastic support from the state's other Republican elected officials. His defiance of the federal court order to remove the Ten Commandments monument was more than just a self-serving statement. In an era when the federal courts have assumed powers that are far removed from those envisioned by Constitution's framers, Judge Moore's bold move was somewhat refreshing. (Qualifying that a little, "bold moves" aren't typically what you'd expect from the judiciary...they would more appropriately emanate from the executive and legislative branches.)

Judge Moore had been duly elected by the people of Alabama, who knew full well his judicial philosophy and his intent to "acknowledge God" as Chief Justice. Nonetheless, Moore was removed from office by an unelected, unaccountable body called the "Court of the Judiciary."

(Why on Earth Alabama allows Supreme Court Justices to be removed by any body other than the Legislature, I haven't a clue. So much for the separation of powers. I suspect that Sen. Howell "the Jowls" Heflin had something to do, as he rewrote the judicial article of the state Constitution as Chief Justice back in the 70's. As a U.S. Senator, Heflin opposed the nomination of Robert Bork to the U.S. Supreme Court, a sin for which he has never repented.)

Removing Judge Moore from office was an action that strengthened him politically and deepened the divisions within the state Republican Party. Unfortunately, Governor Riley may be the one to pay the price. Judge Moore has become Riley's chief rival within the state Republican Party, and has begun to draw distinctions between himself and the Governor on a range of issues - namely, the Governor's tax and accountability package that was rejected by voters in 2003 and Amendment 2, which Moore and his allies successfully portrayed as a backdoor way to increase taxes.

Governor Riley has said from the start that he did not run for Governor with the single-minded goal of being reelected. But, that's no reason to make it a bigger challenge than it should be by needlessly allowing a large part of his base to be peeled away by Roy Moore.