Glassroth v. Moore

• Decision Date: 05 August 2003
• Docket Number: No. CIV.A.01-T-1268-NCIV.,CIV.A.01-T-1268-NCIV.
• Citation: 275 F.Supp.2d 1347
• Parties: Stephen R. GLASSROTH, Plaintiff, v. Roy S. MOORE, Chief Justice of the Alabama Supreme Court, Defendant. Melinda MADDOX and Beverly Howard, Plaintiffs, v. Roy Moore, in his official capacity, Defendant.
• Court: U.S. District Court — Middle District of Alabama

275 F.Supp.2d 1347

Stephen R. GLASSROTH, Plaintiff, v. Roy S. MOORE, Chief Justice of the Alabama Supreme Court, Defendant.

Melinda MADDOX and Beverly Howard, Plaintiffs, v. Roy Moore, in his official capacity, Defendant.

No. CIV.A.01-T-1268-NCIV.

United States District Court, M.D. Alabama, Northern Division.

August 5, 2003.

J. Richard Cohen, Morris S. Dees, Jr., Rhonda Brownstein, Danielle Jeannine Lipow, Southern Poverty Law Center, Montgomery, AL, James A. Tucker, Alabama Disabilities Advocacy, Tuscaloosa, AL, for Plaintiff.

D. Stephen Melchior, Deputy AG for State of Alabama, Cheyenne, WY, Phillip Jauregui, Philllip L. Jauregui, LLC, Birmingham, AL, Herbert W. Titus, Titus Law Group, Chesapeake, VA, for Defendant.

FINAL JUDGMENT AND INJUNCTION

MYRON H. THOMPSON, District Judge.

On November 18, 2002, this court entered an opinion and judgment holding that defendant Roy S. Moore, Chief Justice of the Alabama Supreme Court, violated the Establishment Clause of the First Amendment to the United States Constitution by placing a Ten Commandments monument in the rotunda of the Alabama State Judicial Building. Glassroth v. Moore, 229 F.Supp.2d 1290 (M.D.Ala. 2002). Chief Justice Moore was given thirty days to remove the monument voluntarily, and he failed to do so.

On December 19, 2002, the court issued a permanent injunction requiring the Chief Justice to remove the monument by January 3, 2003. Glassroth v. Moore, 242 F.Supp.2d 1067 (M.D.Ala.2002). On that same day, December 19, the Chief Justice filed a notice of appeal and moved the court to stay its injunction pending appeal. On December 23, the court granted the stay, noting that it

"does not discount the harm to the plaintiffs in allowing the monument to remain pending appeal of this case, nor does the court discount the public interest in having the unconstitutional actions by the Chief Justice remedied forthwith. Therefore, the court emphasizes that, upon receipt of an appellate mandate affirming this court's decision and injunction, the court will immediately lift the stay and enter another injunction, along the lines of the December 19 injunction, requiring the removal of the Ten Commandments monument within fifteen days."

Glassroth v. Moore, 242 F.Supp.2d 1068, 1070 (M.D.Ala.2002).

On July 1, 2003, the Eleventh Circuit Court of Appeals affirmed this court's November 18 judgment that the Chief Justice violated the Establishment Clause by placing the Ten Commandments monument in the Judicial Building rotunda. Glassroth v. Moore, 335 F.3d 1282 (11th Cir.2003).

On July 28, before receipt of the appellate mandate, this court held a conference call to determine if the Chief Justice had asked the Eleventh Circuit to stay its mandate pursuant to Rule 41(d)(2)(A) of the Federal Rules of Appellate Procedure, which provides that, "A party may move to stay the mandate pending the filing of a petition for a writ of certiorari in the Supreme Court." The court scheduled the conference out of concern that the mandate might issue while the undersigned was away on a family matter. During the call, counsel for the Chief Justice indicated that, although the Chief Justice was aware of Rule 41, he had not filed such a motion.

Two days later, on July 30, the Eleventh Circuit issued its mandate, and, on August 1, this court received it. Thus, although the Chief Justice could have requested a stay of the mandate (and thereby of the injunction the court enters today) pending a request for review by the United States Supreme Court, the Chief Justice chose, for reasons not made known to this court, not to do so.

On August 4, this court held another conference call to determine if the parties had any opposition to the court carrying out the mandate and lifting its stay. Although the court had made clear in its December 23 order that the stay would be lifted immediately upon receipt of the appellate mandate, the court wanted to give all parties a final opportunity to voice any concerns. In a written response filed after the call, the Chief Justice stated that he opposes the lifting of the stay and the issuance of an injunction "on the grounds that the Court does not have the authority or jurisdiction to enter an injunction in this case." Of course, the Chief Justice's argument has already been rejected by both this court, Glassroth v. Moore, 229 F.Supp.2d 1290 (M.D.Ala.2002), and the Eleventh Circuit, Glassroth v. Moore, 335 F.3d 1282 (11th Cir.2003). But most notably, the Chief Justice took the same stance in this court as he had in the Eleventh Circuit by not expressly asking that the stay be continued pending any effort to obtain review in the United States Supreme Court.¹

Having found that defendant Roy S. Moore, Chief Justice of the Alabama Supreme Court, violated the Establishment Clause of the First Amendment to the United State Constitution by placing a Ten Commandments monument in the rotunda of the Alabama State Judicial Building, and because the Chief Justice did not ask, either in the Eleventh Circuit or in this court, for a stay of the injunction pending application for a writ of certiorari in the Supreme Court, it is the ORDER, JUDGMENT and DECREE of the court as follows:

(1) The stay of this court's injunction, entered December 23, 2002 (Doc. no. 167), is lifted and dissolved.

(2) Defendant Roy S. Moore, his officers, agents, servants, and employees, and those persons in active concert or participation with him who...