ALABAMA: Liberty Counsel Sues State Judicial Ethics Commission For Suspending Chief Justice Roy Moore

Via press release from the Liberty Counsel:

Today Liberty Counsel filed a federal lawsuit against the Alabama Judicial Inquiry Commission (JIC) raising constitutional challenges to the charges against Chief Justice Roy Moore and the automatic removal provision of the Alabama Constitution. Liberty Counsel is also asking the court to immediately reinstate the Chief Justice.

The JIC previously filed a complaint against Chief Justice Moore of the Supreme Court of Alabama. The charges focus solely on his Administrative Order issued in January 2016, in which he wrote that the 2015 orders of the Alabama Supreme Court regarding same-sex “marriage” remained in effect until the Court held otherwise. Chief Justice Moore did not participate in the 2015 orders, which ruled that the state’s Probate Judges must uphold the Alabama Sanctity of Marriage Act.

Under the Alabama Constitution, any judge who is charged by the JIC is automatically removed from the bench pending trial before the Court of the Judiciary. This procedure violates due process and other constitutional protections. The automatic removal provision places far too much power in the JIC, which can just file charges and have a judge removed.

Liberty Counsel will also soon file in the Court of the Judiciary asking that the charges be dismissed because the JIC lacks authority to render legal opinions when it disagrees with a judge’s interpretation of the law. Liberty Counsel will also raise the JIC’s violation of the Confidentiality Rule that requires confidentiality of an investigation until a charge is made. In this case, the JIC intentionally leaked the pending charges to the media, which is a serious violation of the JIC rules.

  • vorpal

    Liberty Counsel?
    LOL!
    It’s true: conservative Christians are incapable of learning.

    • MB

      Hey Vorpie 😉

      They’d have to pull their heads out of their sanctimonious asses first and that nain’t nevur gonna happen. Cain’t neven lurn Homoalegebra !

      • Jennifersmoore3

        “my room mate Mary Is getting paid on the internet $98/hr”…..!hk245ur

        two days ago grey MacLaren. P1 I bought after earning 18,512 Dollars..it was my previous month’s payout..just a little over.17k Dollars Last month..3-5 hours job a day…with weekly payouts..it’s realy the simplest. job I have ever Do.. I Joined This 7 months. ago. and now making over hourly. 87 Dollars…Learn. More right Here !hk245u:➽:➽:.➽.➽.➽.➽ http://GlobalSuperJobsReportsEmploymentsPhaseGetPay-Hour$98…. .★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★::::::!hk245u….,……

      • Debrapconklin4

        “my room mate Mary Is getting paid on the internet $98/hr”…..!gd128ur

        two days ago grey McLaren. P1 I bought after earning 18,512 Dollars..it was my previous month’s payout..just a little over.17k Dollars Last month..3-5 hours job a day…with weekly payouts..it’s realy the simplest. job I have ever Do.. I Joined This 7 months. ago. and now making over hourly. 87 Dollars…Learn. More right Here !gd128u:➽:➽:.➽.➽.➽.➽ http://GlobalSuperJobsReportsEmploymentsProfitableGetPay$98Hour…. .★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★::::::!gd128u….,….

    • It’s not about winning. It’s about free money.

  • Todd
  • Ninja0980

    Given their track record, I wouldn’t count on beating this if I was Roy Moore.

    • Jay George

      I like the word beating in the same sentence as Roy Moore.

  • AtticusP

    Mat Staver’s on your side?

    Y’all are well and truly fucked, Roy boy.

    • Gustav2

      Ask Miss Kimmee, jail time?

      • AtticusP

        But just think: we might never have known just how stunning she looks in orange…

        • agcons

          Like a Brobdignagian traffic cone.

        • D. J.

          Or improperly aligned stripes.

    • popebuck1

      It’s like having Hamilton Berger for the prosecution.

      • abel

        But Burger did win three cases during the ten year run of PERRY MASON. Has Matt Staver ever won anything?

        • agcons

          Judy Tenuta might say it could happen. I won’t.

        • david fairfield

          No.

        • lattebud

          A game of cribbage against a 4 yo grandchild

    • Raybob

      Especially when this is all MANDATED by the Alabama constitution:
      http://alisondb.legislature.state.al.us/alison/codeofalabama/constitution/1901/CA-246160.htm

      • Reality.Bites

        Well yes, but it isn’t mandated by the federal constitution, which we all know overrides the Alabama… oh wait. What’s that Mr. Moore?

  • djcoastermark

    Note to liberty counsel, You should change your name to Frivolous Lawsuit Counsel. ASAP.

  • Rob Spangler

    Liberty Council has all kinds of grifts going on. Have some politician pass legislation written by Liberty Council who knows it is unconstitutional. State gets sued. State hires Liberty Council to defend the unconstitutional law passed by idiots. Nice business they have going there. Staver does need to pay for that 6 million dollar home he lives in.

    • Deacon Phreque

      Wow, great analysis. Create a problem that should never exist in the first place, present yourself as the solution, while simultaneously grifting gullible conservative Christians for donations to fight against equal rights, re-framed as persecution of Christianity. Slow clap, masterfully played. We gotta put a stop to the shenanigans. I think I’m going to start some structured giving to the SPLC after the turn of this fiscal year at work (July 1).

      • Henri205

        Wouldn’t Jesus prefer those millions go to help the poor? And maybe equalizing some tax obligations so we can rebuild the infrastructure and stop allowing the Waltons to push their employees to public assistance? Imagine a country in which a full-time job paid a living wage, with benefits and respect,.

        I realize the Republicans’ goal is to bankrupt the country and force huge cuts to social spending but at some point it has to be recognized and pointed out. All they need is a worker class to maintain their security fences and clean the house. Everybody else can fuck off.

        Sorry I’m in kind of a bitchy mood today. I am so fed up with this Republican bullshit and it works in the poorest states in the country, these people vote against their own best interests. I know they’re uneducated (gee, thanks Republican policies) but still. Can they be that stupid? GRRRRR

    • Bad Tom

      If this isn’t against the law, it ought to be. Somehow, we need to make this known.

    • tcinsf

      Uh, wow is right. The Westboro grift taken to a new level….

  • Paula

    What business is this of theirs?

    • nocadrummer

      It’s the ONLY business they have: Lawsuits to grift unsuspecting citizens and politicians.

  • RainbowPhoenix

    What are they going to do next, sue people for calling them names?

  • Michael Rush

    DISBAR MAT STAVER !

    • Jay George

      They filed the complaint against him AFAIK.

  • Gaymurcan

    The harder they fall. Bring it on, bitches.
    Signed, LGBT five (5) time Constitutional winners, United States Supreme Court.

  • barrixines

    Ah the peace of mind that comes from having the team from the 154th best law school in the US fighting for your rights…

    • Goodboy

      Pretty much akin to…

      • JustSayin’

        Im stealing that gif

        • jmax

          I just did too.

        • ceeenbee

          How do you steal a GIF. I want one too.

          • KCMC

            right click, save as

          • ceeenbee

            Thank you.

          • J Ascher

            Right-click on the image and Save Image As (Firefox)

          • ceeenbee

            Appreciated

    • Henri205

      Surprised its rankings were that high. A Christian diploma mill pumping out ignorant morons. Unfortunately I recall a lot of the grads were hired by the Bush Administration so unless and until they’re discredited, they could be poisoning society for a while. I fear for the United States, the general inability to accept education, science and tolerance will truly fuck us over.

      • barrixines

        I would imagine they do a lot of the low-level ambulance chasing stuff – “Have you tripped over a praying Muslim recently? You could be entitled to compensation” – that sort of thing.

        • Henri205

          LOL I suspect you’re correct except for the ones hired by Bush. These people do scare me.

    • Herald

      154th out of how many? I figured they should be st or near the bottom of that list.

      • agcons

        153

    • abel

      What does THAT matter???? They got Jeebus on their side. Sheesh,

    • ceeenbee

      Out of how many?

    • ColdCountry

      154th out of how many? 153?

      • Bad Tom

        So, there’s 53 legal institutions conferring degrees which are worse than Liberty University Law School. That’s 25.6%.

        The situation is worse than we suspected.
        ——-
        Gasp! This explains Trump’s popularity!

  • delk

    Roy Moore on homosexuality:

    The State carries the power of the sword, that is, the power to prohibit conduct with physical penalties, such as confinement and even execution. It must use that power to prevent the subversion of children toward this lifestyle, to not encourage a criminal lifestyle…

    • Stev84

      Far worse than the 10 Commandment stunt he pulled. Yet that seems to be the only thing people remember. I also read that earlier in his career he had to be removed from a custody case involving at least one lesbian.

    • Deacon Phreque

      “…and ye shall know them by their love.” Complete fail.

    • Goodboy

      Wow and from a sitting Judge. Replace gay with any other minority and people would be calling for his execution.

    • D. J.

      Tell that to Caleb, Roy.

    • b

      Only King Moore can be lawless and defiant of rules, apparently. Even when the Supreme Court clearly and explicitly makes a ruling, only he can defy it.

      These christian fascists have to be slapped down by us endlessly.

    • Jay George

      ARGH!

    • JohnoFr

      And not to encourage split infinitives you shit stain. Learn how to speak before launching a tirade.

    • TheSeer

      George Wallace and his bigotry will be a children’s fairy tale compared to Roy Moore.

    • Matt

      It’s Alabama. Most people don’t care about the rights of others (or anything else conservatives hate). If they did, they wouldn’t elect ignorant ass-hats like Moore every single chance they get. Until they learn, they get what they deserve for a pathetic state.

  • Bluto

    So fucktard starver is suing the ethics commission for having ethics?

  • TampaZeke

    Conservative don’t even PRETEND to be against frivolous lawsuits anymore, do they?

  • 1Truth1

    Can I sue the Liberty Scoundrel for anything? Perhaps we can all file individual lawsuits as well.

    • William

      They harsh my buzz.

      • 2guysnamedjoe

        Go for it, Wm! That oughta count as standing.

      • Bad Tom

        I want to join as a classy action.

  • It’ll be tossed out of court immediately for lack of standing or jurisdiction.

    • Deacon Phreque

      Exactly. IANAL, but I can’t fathom this lawsuit going very far. They lack standing, as I understand it.

      • MattM

        What about anal?

        • McSwagg

          It’s a new Apple product, the iANAL. I’m not sure what it does, though.

      • IANAL either, but I know enough to have seen similar efforts thrown out. This case checks all the boxes as far as totally lacking standing to sue.

        The Judicial Ethics Commission answers to the Alabama state government, and is empowered by the Alabama state Constitution and supporting legislation. They have the right to bring ethics charges against any sitting judge, up to and including the chief justice of the Alabama state supreme court. The charges are pretty well detailed and describe six actionable misdeeds on Moore’s behalf, most related to an administrative order he had no right to issue. While the charges are considered, the state’s own rules say the person being charged is temporarily suspended, with pay.

        The Liberty Counsel (double sic there) is a private lobbying body with no official status in the state. Their interest in the case is political. They can prove no damages to themselves. And even Roy Moore isn’t suffering financially while the charges are being debated — he’s just not allowed to act as Chief Justice for the duration, which should be a few months at most.

        So there is no case.

    • RGG

      Standing was my first thought.

  • Dave

    My cat likes to chase after a flashlight. I don’t know why I just thought that.

    • Ben in Oakland

      Because it’s pointless activity chasing after a big nothing?

  • Stev84

    This wasn’t an opinion on the law. Moore had no authority whatsoever to do what he did

    • IamM

      …buuuut doing their job violates Moore’s constitutional right to sit on the state supreme court and make bullshit rulings?!

  • WebSlinger

    TRUTH…please share with as many people as possible…

    https://fontfolly.files.wordpress.com/2015/06/cbbs1thusaalyor.png

  • shellback

    Liberty Council? Moore will be lucky if he only gets hanged.

  • Marc

    Very funny how the “Chief Justice” of Alabama finds himself removed from office once already, and then hires Liberty Council to represent him rhe second time this happens.

    Moore clearly shows a lack of judicial judgment.

    • SammySeattle

      Then they split the donations as “legal fees”. It’s all about making Moore look like a victim to appeal to their mouth-breathing base.

    • Bad Tom

      It’s all about the grift. It really is.

    • Jay George

      I don’t understand how he has a law degree. He’s just not smart enough.

  • SammySeattle

    “Liberty Counsel will also soon file in the Court of the Judiciary asking that the charges be dismissed because the JIC lacks authority to render legal opinions when it disagrees with a judge’s interpretation of the law” Sweetie, the JIC does not render opinions at all, it administers court protocols and procedures. But you know full well that this is not about that, don’t you?

    • ByronK

      Not according to White Jesus don’t ya know.

  • No, no, no — this is not about returning Roy Moore to the bench. This is about keeping Roy Moore in the spotlight with “VICTIM” in block caps across his chest: there’s a race for governor coming up.

  • Tom G

    It’s a comfort to know that this case is in the right hands…… for a loss….

  • Jmdintpa

    Staver ain’t playing y’all. He gonna open up a can a whoop ass and pour it all over everybody.

    • ByronK

      More like his usual can of poop ass.

  • 2amor

    Another failed lawsuit by Liberty Counsel….

  • agcons

    Well isn’t that the stupidest thing I’ve read all week. I can hardly wait for Staver’s next big loss.

  • JustSayin’

    Wonder ahise funding this load of crap by the DenyThemLiberty council

  • justme

    Maybe Alabama should revoke th Libeltry Council’s right to interfere in the laws of the state

  • Richard B

    positive news, yet another opportunity for the Liberty Counsel to be humiliated in federal court again – should be entertaining …

    • AJayne

      Exactly. Do they really think a federal judge is going to exonerate (even temporarily) a state judge who issued an order for others to defy a federal judge’s order? Especially an order from SCOTUS? I don’t think so…

  • saywhatnow?

    “Under the Alabama Constitution, any judge who is charged by the JIC is automatically removed from the bench pending trial before the Court of the Judiciary. This procedure violates due process and other constitutional protections.”

    So…is he saying that the state of Alabama made a Constitution that was Unconstitutional? I’m confused. Although it probably makes sense down there.

    • lizdhm

      Due process is guaranteed in the 14th Amendment of the US Constitution. Which of course doesn’t apply to anyone except fundamentalist Christians.

      However they are following the due process in making the charges, so it’s completely without merit.

  • tim870

    At this point someone should seriously give these LC people a mental health evaluation, cause they are the living definition of insanity!

  • Terry

    They’ll lose…and lose big

  • 2guysnamedjoe

    Doesn’t Libburty Losskool teach anything about standing?

  • BearEyes

    another chapter in the Alabama trifecta!

  • Phil

    All a lawsuit really is is a request for the court or governmental body to engage in a specific action, based upon an interpretation of a law, sometimes no matter how convoluted. Usually, but not always involving the awarding of a financial penalty. A judge or panel of judges will review and decide if the request has any merit.

    Should the action have any merit (in this case not likely – it’s a Federal, not state court), it will proceed to the next step, which would be to decide if anyone was actually wronged by the action or if the action was somehow inappropriate and determine if an award of money is merited. Sometimes this is as little as a dollar, plus court costs and legal fees.

    The legal fees part is what LC makes its money from – the most important part for them – it’s their lifeblood, as well as the money begs from the baptist blue haired people.

    The fact that the JIC was simply doing its job and the the fact the the Stavers (and it’s really all about the Stavers, in the end) didn’t like the outcome, is irrelevant.

    • Yeah, but they’re going to lose anyway because the Liberty Counsel cannot make any showing that they themselves were harmed by Moore’s suspension. And even Moore himself will be receiving his full pay and benefits during the suspension period before his case is heard before the Alabama Court of the Judiciary — which is empowered by the state constitution and supporting legislation to hear exactly these kinds of cases.

      It’s not at all unlike when a pilot or police officer is suspended — with pay — pending the outcome of an inquiry. One might have the right not to be penalized during the inquiry, but one never has the right to keep doing the job one is being accused of doing in some improper or illegal fashion.

      You hit on an important angle: The LC will never see a penny of their legal fees covered by Alabama or the feds. This is entirely about them fleecing their gay-hating sheep some more.

      • Bad Tom

        If Staver gets money for filing these suits, regardless of outcome, having materially participated in the chain of events that led to the suit, then he is plainly grifting.

        It should be a crime.

    • The_Wretched

      LC makes most of it’s money on donations. They are a fundraising org that uses the court system for theater and PR. They essentially never win at trial and lose money on the legal side of their business. It’s their advertising budget.

  • Sporkfighter

    Even a broken watch is right twice a day (unless it’s owned by Mat Staver).

  • MattM

    You can’t have a perfect 100% losing streak if you don’t work at it. Carry on, Liberty Counsel!

  • bkmn

    It’s all for show. Liberty Console is just going to use this to solicit more $$$ from the morons.

    • Cattleya1

      The more interesting question is why the morons have the disposable income to throw at these grifters. I guess I’ll never live in a $6 million house because I’d be too embarrassed to go out in public and spew this crap – and I’d have to hang out with knuckle draggers all the time.

      • bkmn

        A few dollars here and there adds up, just ask Bernie Sanders. At the same time one or two wealthy donors makes a big difference between being Peter LaBarbara vs. being Mat Staver. Liberty Console gets a big chunk of their funding from the family that owns Hobby Lobby, especially since LC won their case at SCOTUS.

  • Johnny Wyeknot

    $$$ :-/ $$$

  • Dan M

    Simple solution for the Liberty Counsel problem – you lose three cases in a row and you no longer have the right to file lawsuits and every one involved in filing that third suit must immediately be neutered.

  • argeejay

    When did this arrogant and pompous “council” deem themselves experts in law?

    • Natty Enquirer

      Probably when their members were admitted to the bar. They’re a law firm. Counsel, not council.

      • argeejay

        You read my comment correctly….”council” as in wingnut publicity council. Staver doesn’t counsel anyone. Being admitted to the bar does not ensure intelligent representation in a court of law.

  • ceeenbee

    Interesting notes about the liberty university school of law

    1.) 50% first time passage rate on Virginia Bar exam — 7th of 8 schools in Virginia.

    2.) School of Law’s ranking given by the U.S. News & World Report is not published, [1] indicating that it is in the bottom 25% of ranked law schools.[2]

    3.) 35% of the Class of 2013 obtained full-time, long-term, JD-required employment nine months after graduation.[3]

    4.) Liberty’s Law School Transparency under-employment score is 32.3%, indicating the percentage of the Class of 2013 unemployed, pursuing an additional degree, or working in a non-professional, short-term, or part-time job nine months after graduation.[4]

    [1] Liberty University. “Liberty University | Best Law School | US News”. Grad-schools.usnews.rankingsandreviews.com. Retrieved 2015-04-16.

    [2] Frequently Asked Questions: 2016 Best Graduate Schools Rankings”. US News. Retrieved 2015-04-16

    [3] “Employment Statistics”. Liberty.edu. Retrieved 2015-04-16

    [4]. “Liberty University Profile”. 1stscorereports.com. Retrieved 2015-04-16

    • The_Wretched

      Anyone in the legal profession of any stripe know a theological-whack-a-loon makes for a poor worker. It’s only the most ideological or political firms that hire them.

  • lizdhm

    Liberty Council’s purpose isn’t to win cases, it’s to engage in political grandstanding for the purposes of fundraising. They’re the perfect fit for Moore because all this case is to him is a chance to position himself to run for governor.

    • lymis

      And vote-raising. They profit from it, but the reason people pay to keep them around is so they can put a legal veneer on rabble-rousing among the bigots who might otherwise fail to notice why they’re supposed to be outraged.

  • Jay George

    This makes me so angry I can’t even type a coherent sentence about right now.
    I am enraged.

    • So incoherent you are back to making sense – we need more of such rage!

      • Jay George

        I only typed after I gnawed through a couple of phone books and my barcalounger. 😉

  • Natty Enquirer

    I doubt they will get anywhere with the due process argument. Being a chief justice is not a fundamental right to life, liberty or property.

    • lizdhm

      And he was suspended with pay, not even fired.

  • Kissmagrits

    Judge Moore reminds me of 1935’s Huey Long, the good old boy Louisiana governor and would be fascist convinced he might one day be president – that is until somebody shot him. Long had smarts, though. Moore does not.

  • DesertSun59

    I see what’s happening now. Liberty Counsel is expecting a win at some point. Once they get the particular win they want, they will use it as a precedent. Then they will take that precedent and eventually attempt to use it as the foundation of an entire string of wins that will help them promote the Old Testament as the basis of law.

    And it might work.

  • Jennifersmoore3

    “my room mate Mary Is getting paid on the internet $98/hr”…..!hk245ur

    two days ago grey MacLaren. P1 I bought after earning 18,512 Dollars..it was my previous month’s payout..just a little over.17k Dollars Last month..3-5 hours job a day…with weekly payouts..it’s realy the simplest. job I have ever Do.. I Joined This 7 months. ago. and now making over hourly. 87 Dollars…Learn. More right Here !hk245u:➽:➽:.➽.➽.➽.➽ http://GlobalSuperJobsReportsEmploymentsPhaseGetPay-Hour$98…. .★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★::::::!hk245u….,….

  • Blake Jordan

    Dismissed already, right?

  • RJ Tremor

    They’re still using the quotes around marriage. Yep, we’re not legit, only to you losers.

  • mjcc1987

    No standing

  • Dan Robinson
  • lattebud

    So if a cop shoots a unarmed citizen, he shouldn’t be suspended until all the facts are known. Yeah, makes sense to me…

  • Raising_Rlyeh

    What does due process have to do with an organization that is like a state board of education? They can also bring charges and remove people from positions if that person breaks the rules.

  • Jay George
    • Gianni

      That’s a good read on this issue. Thanks.

      • Jay George

        You are very welcome. 🙂

  • Matt

    Counting down until this lawsuit gets tossed by the court, in 3…2…1…

  • Debrapconklin4

    “my room mate Mary Is getting paid on the internet $98/hr”…..!gd128ur

    two days ago grey McLaren. P1 I bought after earning 18,512 Dollars..it was my previous month’s payout..just a little over.17k Dollars Last month..3-5 hours job a day…with weekly payouts..it’s realy the simplest. job I have ever Do.. I Joined This 7 months. ago. and now making over hourly. 87 Dollars…Learn. More right Here !gd128u:➽:➽:.➽.➽.➽.➽ http://GlobalSuperJobsReportsEmploymentsProfitableGetPay$98Hour…. .★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★::::::!gd128u….,……

    • Bobby Miles

      eat shit