Saturday, March 11, 2006

Accuracy Blog is Inaccurate

Accuracy Blog is Inaccurate

The Accuracy Blog is inaccurate. Chris Laurel who runs the blog claims I said the federal court suspended Judge Moore. The angry Laurel said:

"Making baseless claims (especially ones not backed up by facts) poisons the public debate. You [Fred Martinez] are misinformed and spreading it."

I'm going to go slow for Mr. Laurel. I said that Moore was suspended because he disobeyed U.S. District Judge Myron Thompson’s ruling on the Ten Commandments display.

Of course, the other members of the Alabama Supreme Court suspended Moore because he disobeyed Thompson’s ruling.

The suspension was unconstitutional because we're not required to obey any federal judge’s order if it is contrary to the Constitution. The Ten Commandments ruling is illegal because the First Amendment establishment clause excludes the federal government from jurisdiction in matters of religion, leaving it in the states jurisdiction.

According to Laurel:

"The rule of law says we follow the law as it has been interpreted through the centuries, not that we follow the ones we like and don't follow the ones we think were decided incorrectly. "

Does the Accuracy Blog believe that the Dret Scott ruling by the Supreme Court should have been followed or fought?




Fred Martinez's Blog: Inaccurate
This is a post by Fred Martinez (whoever that is) but gives a good example of the kind of inaccuracy that exists on the web. Specifically in this post:
Remember Alabama’s Chief Justice Roy Moore suspension from his judicial seat. The suspension was unconstitutional.Despite claims that U.S. District Judge Myron Thompson’s ruling must be obeyed because of the rule of law. We’re not required to obey any federal judge’s order if it is contrary to the Constitution.The Ten Commandments ruling is illegal because the First Amendment establishment clause excludes the federal government from jurisdiction in matters of religion, leaving it in the states jurisdiction.1. The federal court did not suspend Judge Moore. The state of Alabama then faced fines of $5,000 a day until the monument was removed. The eight other members of the Alabama Supreme Court intervened, unanimously overruled Moore, and then ordered the monument's removal. Moore was then suspended as Chief Justice (with full pay) pending a hearing of the Alabama Court of the Judiciary (a panel of judges, lawyers and others appointed variously by judges, legal leaders, the governor and the lieutenant governor). On 3 November 2003 the United States Supreme Court declined to hear an appeal against the court order to remove the monument.
On Thursday 13 November 2003, the Alabama Court of the Judiciary unanimously removed an unrepentant Moore from the office of Chief Justice because, according to Court of the Judiciary Presiding Judge William Thompson, "[t]he chief justice placed himself above the law."
In closing arguments, the Assistant Attorney General said Moore's defiance, left unchecked, "undercuts the entire workings of the judicial system" and "What message does that send to the public, to other litigants? The message it sends is: If you don't like a court order, you don't have to follow it."(most of the above taken from Wikipedia)2. The 14th Amendment applied the Bill of Rights (including the 1st Amendment) to the states. Additionally, the Supremacy Clause makes federal law supreme over state law.What I find strange is that if this REALLY was unconstitutional, as Mr. Martinez suggests, why hasn't Mr. Moore taken this all the way to the Supreme Court? It's not as if he would have lacked support or funds. It certainly was publicized.Making baseless claims (especially ones not backed up by facts) poisons the public debate. You are misinformed and spreading it. A simple search on Wikipedia could clear things up.The rule of law says we follow the law as it has been interpreted through the centuries, not that we follow the ones we like and don't follow the ones we think were decided incorrectly.
posted by Chris Laurel @ 1:10 PM


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