Commentary on Alabama Law and Society

My Photo
Location: Birmingham, Alabama

Thursday, March 23, 2006

An Election Guide

As noted here, like a gremlin in a rainstorm, Roy Moore continues to produce new offspring. First it was mini-Moore, now Ben Hand. Let me try to shine some light on these little monsters.

You, Mr. and Mrs. Alabama, should not vote for mini Moore for state supreme court justice, nor should you vote for Mr. Hand. That is so regardless of whether or not you agree with them that the ACLU is the cause of all life's problems, that they should be able to use your tax dollars to fund monuments to their religions, or that they do not have to answer to the federal government. Two reasons for this conclusion.

First, they are both judicial activists. Like it or not, the LAW clearly prohibited Roy's rock. Roy ignored the law. These guys have vowed to do the same thing. In fact, Mr. Hand has decided to run against an incumbent because that incumbent voted to uphold the law in St. Roy's case. The incumbent probably did not like the result, but he followed the law. To rule according to the law when you dislike the result is the essence of being a good judge. These guys have rejected this standard.

Second, they are both dishonest. I am not saying their positions are positions only a dishonest person could hold. To the contrary, there are good arguments in support of them. There are also good arguments against them. These guys went to law school, they know the arguments on both sides. So, in my opinion, to stand up and loudly shout their own side, while denouncing as wicked all who disagree, is dishonest. They are intentionally misleading people.