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Alabama Supreme Court justice's suit against Judicial Inquiry Commission dismissed

[JURIST] A judge for the US District Court for the Middle District of Alabama [official website] on Thursday dismissed a suit [opinion, PDF] filed by suspended Alabama Supreme Court Justice Roy Moore against the Judicial Inquiry Commission (JIC) [official website]. The federal judge found that he should not intervene in matters relating to a state's constitution and therefore dismissed the case. The state constitutional provision in question automatically remove a judge from duty when complaints are filed against them by the JIC.

Alabama Chief Justice Roy Moore [official website] was suspended after being charged with violating ethical rules [JURIST report]. The JIC accused [complaint] Moore of failing to act impartially and refusing to follow the law when he ordered [order] probate judges not to issue same-sex marriage licenses [JURIST report] as their issuance ran contrary to Alabama law. Moore argued that the US Supreme Court ruling only applied to the plaintiff in the case, and that probate judges in Alabama had not been ordered to issue same-sex marriage licenses. The commission stated that Moore is bound by the Supreme Court interpretation of the Constitution and has violated the law. This is the second time Moore has been removed from office, having also refused to adhere to a federal court order in 2003.

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