The Associated Press reports:
A federal judge has refused to overturn the suspension of Alabama Chief Justice Roy Moore, ruling Thursday that doing so would improperly interfere with the state judicial proceeding that could result in Moore’s ouster for an order he issued about same-sex marriage.
U.S. District Judge Harold Albritton threw out Moore’s lawsuit against the Alabama Judicial Inquiry Commission with a brief order and an accompanying opinion that said the state judicial ethics case against the conservative Republican should move ahead without federal interference.
The commission filed charges against Moore with the Alabama Court of the Judiciary, which has the power under state law to consider administrative cases brought against judges. Moore claimed his resulting automatic suspension with pay was a violation of his rights, but the judge said the case did not fit the circumstances required for federal action.
Liberty Counsel head Mat Staver says he doesn’t know if they will appeal.