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SUPREME COURT OF ALABAMA
OCTOBER TERM, 2016-2017 _________________________ 1160002 _________________________ Roy S. Moore, Chief Justice of the Supreme Court of Alabamav. Alabama Judicial Inquiry Commission Appeal from the Court of the Judiciary(No. 46)
PER CURIAM.
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Section 157(b), Ala. Const. 1901 (Off. Recomp.), providesthat "[a] judge aggrieved by a decision of the Court of theJudiciary may appeal to the Supreme Court." Following thefiling of the notice of appeal in this case on October 3,2016, the members of the Alabama Supreme Court acknowledgedthat Canon 3 of the Alabama Canons of Judicial Ethics requiredtheir recusal from consideration of this appeal. In an orderdated October 24, 2016, the Court, pursuant to § 149 and §161(h), Ala. Const. 1901 (Off. Recomp.), and Ala. Code 1975,§ 12-2-14, authorized "the Acting Chief Justice to participatewith the Governor in causing the names of 50 judges to bedrawn at random from a pool of all retired appellate justicesand judges, retired circuit court judges, and retired districtcourt judges, who are members of the Alabama State Bar,capable of service, and residents of the State of Alabama."
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1160002Facts and Procedural HistoryThe facts of this case are undisputed. On January 23,2015, Judge Callie Granade, district judge for the UnitedStates District Court for the Southern District of Alabama,issued an order declaring unconstitutional both the AlabamaSanctity of Marriage Amendment, Ala. Const. 1901, Art. I, §36.03, and the Alabama Marriage Protection Act, Ala. Code1975, § 30-1-19, as violating the Due Process Clause and theThe order further provided that "the first 7 judges shallconstitute the special Supreme Court that will hear ChiefJustice Moore's appeal. In the event any judge so selected isnot willing and able to serve, then that judge's place shallbe filled by the next judge on that list in order of selectionwho is willing and able to serve, until seven judges willingand able to serve have been selected. The names of such judgesshall then be certified to the Governor." The drawing tookplace on October 27, 2016. On October 31, 2016, in compliancewith the random-selection procedure, then Governor RobertBentley appointed the following seven judges to serve as thespecial Supreme Court of Alabama in case no. 1160002, Roy S.Moore, Chief Justice of the Supreme Court of Alabama v.Alabama Judicial Inquiry Commission: the Honorable JamesHarvey Reid, Jr., of Baldwin County, Special Chief Justice; the Honorable Harris Edward McFerrin of Butler County; theHonorable Robert George Cahill of Jefferson County; theHonorable William Reddoch King of Crenshaw County; theHonorable Lynn Clardy Bright of Montgomery County; theHonorable Ralph Alton Ferguson, Jr., of Jefferson County, andthe Honorable John David Coggin of Cherokee County, SpecialAssociate Justices. Also on October 31, 2016, prior to herrecusal, Acting Chief Justice Lyn Stuart, to the extent sheretained the authority to do so, also appointed the same sevenjudges as previously appointed by Governor Bentley.
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1160002Equal Protection Clause of the Fourteenth Amendment to theUnited States Constitution. Searcy v. Strange, 81 F. Supp. 3d1285 (S.D. Ala. 2015). On January 26, 2015, Judge Granadeentered an injunction prohibiting the Alabama Attorney Generalfrom enforcing any Alabama law that prohibits same-sexmarriage. The injunction was stayed until February 9, 2015,to allow time for an appeal of her decision to the UnitedStates Court of Appeals for the Eleventh Circuit. Strawser v.Strange, 44 F. Supp. 3d 1206 (S.D. Ala. 2015). On January 27, 2015, Roy S. Moore, Chief Justice of theAlabama Supreme Court,
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sent a letter, on Supreme Court ofAlabama letterhead, to then Governor Robert Bentley regardingJudge Granade’s orders, expressing "legitimate concerns aboutthe propriety of federal court jurisdiction over the AlabamaSanctity of Marriage Amendment." In his three-page letter,Chief Justice Moore laid out his arguments as to why JudgeGranade’s federal-court orders were not binding upon the Stateof Alabama and avowed: "As Chief Justice of the AlabamaSupreme Court, I will continue to recognize the Alabama
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Chief Justice Moore was elected Chief Justice in November2012 and assumed office in January 2013, for a six-year termthat expires in January 2019.
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