All 8 Alabama justices to step down from Ten Commandments appeal
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Roy Moore
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MONTGOMERY, Alabama (AP) -- The eight associate justices of the Alabama Supreme Court will not hear Roy Moore's appeal of his ouster as chief justice over his refusal to remove a Ten Commandments display, a court official said Monday.
The justices have not issued a formal order stepping down from the case, but they scheduled a 3 p.m. meeting to randomly draw the names of qualified judges and attorneys who could hear the appeal, Supreme Court Clerk Bob Esdale told The Associated Press.
The names will be submitted to Gov. Bob Riley, who is expected to make the final appointment of a replacement court.
The Alabama Court of the Judiciary voted November 13 to remove Moore from office for refusing a federal judge's order to remove a Ten Commandments monument he had installed in the rotunda of the Alabama Judicial Building. (Full story)
The eight associate justices had the monument moved into storage in August after Moore refused to do so.
Moore previously said in court papers he could accept his former colleagues hearing the case, except for acting Chief Justice Gorman Houston, who Moore said had made comments that indicated he may not be able to rule impartially.
Houston had previously said that he could review the case objectively and had no reason to disqualify himself. The eight justices did not immediately say why they decided to step down.
Moore attorney Phillip Jauregui said Monday he also wanted Houston to have no part in the selection of replacement justices.
In an interview last week, Moore said he will argue that he was removed from office because his Christian faith requires him to acknowledge God.
"One of the most important things is whether or not you can hold office and believe in God," Moore said.
His legal adversaries said he was removed for disobeying a federal court order, not because of his religious beliefs.
Moore had the granite monument moved into the judicial building on July 31, 2001, saying the Ten Commandments represent the moral foundation of American law. U.S. District Judge Myron Thompson found the monument to be an unconstitutional promotion of religion by government and ordered the display removed.
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