Roy Moore to ‘Take His Show on the Road’ in 2004

edguess2004artOusted Alabama Chief Justice Roy Moore will “take his show on the road” in 2004, seeking test cases to keep the Ten Commandments issue before the courts and support for a constitutional amendment to protect public officials’ “right to praise God,” predicts a University of Alabama constitutional law expert.

Law professor Bryan Fair said Moore is likely to lose his appeal to be reinstated on the Alabama Supreme Court in state court, but he will continue to pursue the case, appealing it to federal court. “This saga will play out for several more years,” Fair predicts.

As the legal process continues, Moore will look to a national forum to air his views. The former Alabama justice will pursue book and film deals, and try to create additional test cases to bring the Ten Commandments issue before the U.S. Supreme Court, Fair said.

Bryan Fair
Bryan Fair

“Moore will travel from state to state drumming up support for a constitutional amendment that would support the right to display the Ten Commandments on public property; however, amending the U.S. Constitution is a long process and two-thirds of the states would have to endorse the amendment,” Fair said. “Such an amendment may be introduced, but it will ultimately fail.”

While Moore may return home to challenge the governor or one of Alabama’s U.S. senators, Fair said Moore may find his funding sources have dried up. “He’s had strong financial backing in support of his cause; however, I think he’ll find that his defiance of the law for what appears to be his own political gain may not have mass appeal. He’ll find that the business community, for example, may not stand behind his extreme views.”

In state, however, Fair said Moore may also lend his support to a slate of conservative fundamentalist candidates who will run for the three Alabama Supreme Court seats up for election this year. “If these candidates win, it could signal a dramatic shift in the court,” Fair said. “Such a court could reinterpret the declaration of rights under the Alabama Constitution regarding a variety of religious issues. These interpretations could supplant federal constitutional interpretations which are becoming increasingly ambiguous and politicized.”

Contact

Suzanne Dowling, Office of Media Relations, 205/348-5320, sdowling@ur.ua.eduBryan Fair, 205/348-7494 (office), bfair@law.ua.edu