Do You Even Know the Function of a Judge?
Supreme Court candidate Tom Parker called Tuesday for his opponent in next week’s Republican primary, incumbent Justice Jean Brown, to “oppose and resist” homosexual marriages in Alabama even if a federal judge orders that they be allowed.
“It is highly likely that federal judges will endorse some form of gay marriage in the near future and order state judges to enforce their orders,” Parker said. “It is extremely important that judicial candidates in Alabama let voters know where they stand.”A spokesman for the Brown campaign pointed out that same-sex marriages are illegal in Alabama and said “Justice Brown will continue to vigorously apply the laws of the state of Alabama, as she always has.”
This is another of the problems with partisan political elections for seats on the bench. A judge should not have positions on the issues that will come before them in the future. They should be decided on a case-by-case basis in the context of the rule of law that has been estabished at that time. It is downright frightening that we could end up with another person on the highest bench in Alabama who thinks the most important law is their own sense of right and wrong.
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May 26th, 2004 at 8:52 am
I have a piece that is supposed to be coming out in this week’s Mobile Register that relates to this topic–i.e., an argument for judicial activism by allegedly conservative candidates.
Indeed, this primary will be quite key in terms of the Moore-ite faction of the Republican party.
May 26th, 2004 at 11:01 am
Steven,
I look forward to it. You’re right, this could be the next step for the Moore-ites, or it could finally close the book on them.
May 26th, 2004 at 2:49 pm
An article by the AP says the Moore is appealing his case to SCOTUS. Their opinion was he’s just trying to keep his name in the paper. My question is: to what end? He’s running out of time to declare for the presidency or Shelby’s senate seat. And it’s a long couple of years until Riley is up for reelection. Does he want his name in the paper just for the hell of it?