Chief Justice – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Alabama Chief Justice Suspended Over Anti-Gay Marriage Order https://legacy.lawstreetmedia.com/blogs/law/alabama-chief-justice-suspended-anti-gay-marriage-order/ https://legacy.lawstreetmedia.com/blogs/law/alabama-chief-justice-suspended-anti-gay-marriage-order/#respond Fri, 30 Sep 2016 21:15:31 +0000 http://lawstreetmedia.com/?p=55897

Alabama Chief Justice Roy Moore previously ordered local judges to defy federal guidelines allowing same-sex marriage. But on Friday he was suspended from his position by a unanimous vote from the Alabama Court of the Judiciary, the COJ. Moore will also have to pay for the legal proceedings against him and will not be compensated for the […]

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Image courtesy of [Ted Eytan via Flickr]

Alabama Chief Justice Roy Moore previously ordered local judges to defy federal guidelines allowing same-sex marriage. But on Friday he was suspended from his position by a unanimous vote from the Alabama Court of the Judiciary, the COJ. Moore will also have to pay for the legal proceedings against him and will not be compensated for the remainder of his term, which is set to end in 2019.

But the decision to suspend Moore is not because Alabama has become more open-minded. The court pointed out that the decision was not technically because of the Supreme Court’s ruling that allows same-sex marriage–Alabama adopted a law in 2016 that says only straight couples can marry–but because of Moore’s behavior and decisions.

Earlier this year, Moore ordered local judges to go against the federal ruling that allows same-sex marriage and stop the issuance of marriage licenses to gay couples, which created chaos in the state’s marriage license offices. He was charged with six counts of violation of the canons of judicial ethics. Moore on his part claimed he was only providing judges a “status update.” The COJ did not buy that explanation, but couldn’t agree on whether or not to remove him from office, which left them with the option to suspend him. There is no real difference in practice between removing and suspending someone from office.

Southern Poverty Law Center (SPLC) first filed the complaint against Moore that later led to the charges against him. SPLC President Richard Cohen was relieved on Friday, saying in a statement:

The Court of the Judiciary has done the citizens of Alabama a great service by suspending Roy Moore from the bench. He disgraced his office and undermined the integrity of the judiciary by putting his personal religious beliefs above his sworn duty to uphold the U.S. Constitution. Moore was elected to be a judge, not a preacher. It’s something that he never seemed to understand. The people of Alabama who cherish the rule of law are not going to miss the Ayatollah of Alabama.

SPLC tweeted the six charges against Moore.

Moore was previously removed from office in 2003 for his refusal to take down a Ten Commandments monument from a judicial building, despite orders from a federal court. He then claimed he was removed because of his acknowledgement of God, and voters re-elected him in 2012. But this time Moore, 69, cannot run again because of the age restriction for the position.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Supreme Court Overturns Former Virginia Governor’s Corruption Conviction https://legacy.lawstreetmedia.com/blogs/law/supreme-court-overturns-virginia-governors-corruption-conviction/ https://legacy.lawstreetmedia.com/blogs/law/supreme-court-overturns-virginia-governors-corruption-conviction/#respond Mon, 27 Jun 2016 20:48:39 +0000 http://lawstreetmedia.com/?p=53508

Accepting gifts from political benefactors is OK under federal law.

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Bob McDonnell Courtesy of [Gage Skidmore via Flickr]

This post is part of Law Street’s continuing analysis of the recent Supreme Court rulings. To read the rest of the coverage click here.


Corruption: McDonnell v. United States

The decision: The U.S. Supreme Court ruled unanimously to overturn corruption convictions of former Virginia Governor Bob McDonnell and his wife. However, there is still a possibility that they can be retried under the court’s new interpretation of the law.

What corruption charges?

In 2014, McDonnell and his wife were convicted on federal bribery charges. He received luxury gifts and financial benefits from Virginia businessman Jonnie Williams in exchange for what prosecutors deemed “government favors” or “official acts.” In total, the gifts and benefits that the McDonnells received were worth more than $175,000–including a Rolex watch, catering their daughter’s wedding, and a $20,000 shopping trip for Mrs. McDonnell.

“There is no doubt that this case is distasteful; it may be worse than that,” Chief Justice John Roberts wrote for the court. “But our concern is not with tawdry tales of Ferraris, Rolexes, and ball gowns. It is instead with the broader legal implications of the Government’s boundless interpretation of the federal bribery statute.”

What does this mean for the future of political bribery?

This case was centered around the question of what constitutes an “official act” under federal law. McDonnell arranged meetings between Williams and state officials in the form of a luncheon thrown at the Governor’s Mansion with a guest list consisting of healthcare leaders. Williams is the chief executive of Star Scientific, a tobacco-based dietary supplement company, and he wanted state universities to perform research on his product.

McDonnell said he never made an official act in favor of Williams or his business, which left the justices searching for where to draw the line between a politician’s regular activities and ones that violate corruption laws. A bipartisan group of officials wrote an amicus brief for the case, arguing that if McDonnell’s convictions were upheld, it would criminalize routine favors that politicians do for donors.

To avoid confusion in the future, Chief Justice John Roberts created a clearer definition of an “official act:”

“In sum, an ‘official act’ is a decision or action on a ‘question, matter, cause, suit, proceeding or controversy,” Roberts wrote. “Setting up a meeting, talking to another official, or organizing an event (or agreeing to do so)–without more–does not fit that definition of an official act.”

Read the full opinion here.

Inez Nicholson
Inez is an editorial intern at Law Street from Raleigh, NC. She will be a junior at North Carolina State University and is studying political science and communication media. When she’s not in the newsroom, you can find her in the weight room. Contact Inez at INicholson@LawStreetMedia.com.

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