The Corner

A Silly Suit in Alabama

Talk show host Kelly McGinley of Mobile, Alabama, is suing to have former Alabama Supreme Court justice Roy Moore reinstated, according to this story. (LvHB) The suit alleges that Moore’s removal for ethical violations (refusing to comply with a federal court order) “disenfranchised” McGinley, who presumably voted for Moore in the last election, and constitutes unconstitutional abridgement of his right to vote. Alabama Attorney General Bill Pryor is seeking to have the suit dismissed — and with good reason. Moore was elected, but then removed for violating his judicial obligations. Think about it: Had the Senate removed President Clinton from office after his impeachment, could a voter make a legal claim to be “disenfranchised”? Of course not. Pryor’s actions against Moore may not be popular in Alabama, but they are more evidence of his fealty to his legal obligations as a government official. Former Justice Moore could learn from his example.

Jonathan H. Adler — Mr. Adler is an NRO contributing editor and the inaugural Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His latest book is Marijuana Federalism: Uncle Sam and Mary Jane.


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