Wednesday, September 28, 2016

Alabama is to decide today whether it is judicial misconduct to disobey precedents of the U.S. Supreme Court

In June of 2015 the U.S. Supreme Court decided the case Obergefell v Hodges, a case from Ohio, ruling that same sex couples have a right to marry.

Alabama State Chief Judge Roy Moore instructed the state judges not to issue state licenses for same-sex marriages because (1) it is a matter of state law, and because (2) the U.S. Supreme Court precedents are not the law of the land.

The U.S. Supreme Court precedents are not the Law of the Land under the U.S. Constitution, on this Judge Roy Moore is right - the court's decisions are not included into the Supremacy Clause of the U.S. Constitution.



Chief Judge Roy Moore is suspended for disobeying the U.S. Supreme Court precedent, pending trial seeking to remove him from his position completely.

Today, Judge Roy Moore is on trial in the disciplinary action.

If the State of Alabama suspends Judge Moore for disobeying the U.S. Supreme Court precedent, it creates its own precedent for other states to follow.

It is important because, left and right, state and federal judges disobey the U.S. Supreme Court precedent on a variety of constitutional issues concerning civil rights - and usually no discipline follows for such disobedience because disciplinary authorities claim that such a disobedience is a matter of "judicial discretion".

So, Alabama's decision against judge Roy Moore can have a long-reaching consequences in judicial accountability.

Let's see what happens in Judge Roy Moore's case today.

I will continue to cover this story.

Stay tuned.


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