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Association: Name: Southern Political Science Association URL: http://www.spsa.net
Citation: URL: http://www.allacademic.com/meta/p212169_index.html Direct Link: HTML Code:

Nicholls, Keith. "Religion, Politics and Judicial Responsiveness: The Case of the Ten Commandments Judge" Paper presented at the annual meeting of the Southern Political Science Association, Hotel Intercontinental, New Orleans, LA, Jan 09, 2008 <Not Available>. 2008-09-12 <http://www.allacademic.com/meta/p212169_index.html>

Nicholls, K. , 2008-01-09 "Religion, Politics and Judicial Responsiveness: The Case of the Ten Commandments Judge" Paper presented at the annual meeting of the Southern Political Science Association, Hotel Intercontinental, New Orleans, LA <Not Available>. 2008-09-12 from http://www.allacademic.com/meta/p212169_index.html

Publication Type: Conference Paper/Unpublished Manuscript Abstract: In the broadest sense, this paper will explore the impact of religion on politics at the state level. Specifically, it will address the responsiveness of the Alabama state judiciary to the religio-political positions of the Alabama electorate. The focus of the analysis is the “Ten Commandments Judge,” former Alabama Supreme Court Chief Justice Roy Moore. The paper has three primary goals. The first is to provide a brief review of the literature on judicial responsiveness to the electorate in those jurisdictions (like Alabama) where judges are elected. This will afford a framework within which the actions of Moore and the responses of his colleagues in the Alabama judiciary can be better understood in light of public opinion. The second is to offer a descriptive overview of the rise and fall of Chief Justice Moore and the mass public’s attitudes toward Moore as measured in a series of public opinion polls conducted over the last several years. This overview will follow Moore’s legal journey from his first being sued by the ACLU for posting the Ten Commandments in his courtroom when he was a circuit court judge to his ultimate removal from office. The initial suit ended in a virtual stalemate, but the attendant publicity (and public support) catapulted Moore to the Chief Justiceship of the Alabama Supreme Court. In that position, he was sued again for emplacing another monument of the Ten Commandments in the Rotunda of the Alabama Judicial Building. That monument was declared unconstitutional by the federal courts. However, Moore defied the court order to remove the monument and was subsequently removed from office by the Alabama Supreme Court. Public opinion polls will demonstrate that Moore had extensive support in the Alabama electorate for placing the monument as well as defying the court order for removal. His ouster was unpopular and he continued to enjoy majority support even after removed from office. Finally, the paper will review the opinions and rulings of the state judges involved in all phases of Moore’s journey through the courts to demonstrate a significant level of responsiveness to the positions held by the majority of the Alabama electorate. Despite findings against Moore on the substantive legal questions, these writings and opinions attempt to rationalize the judges’ positions and displace responsibility for outcomes in a manner seemingly designed to pacify the electorate. Public opinion data for the project comes from several Mobile Press Register-University of South Alabama polls conducted between 2000 when Moore was first elected Chief Justice, and 2006, during his failed gubernatorial election campaign. Evidence of judicial responsiveness comes from a long series of state court decisions regarding the unconstitutionality of the Ten Commandments display, Moore’s refusal to take down the display, and Moore’s subsequent removal from office.

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