Salon reports that,
Chief Justice Roy Moore asked the U.S. Supreme Court to block the removal of a Ten Commandments monument from the state judicial building Wednesday as supporters held a candlelight vigil to begin a round-the-clock protest.
I don’t think he has much of a case, given the precedents involved. But appealing is a reasonable move.
This, however, is rather baffling:
“This case is not about a monument, it’s not about politics or religion, it’s about the acknowledgment of God,” he said during an interview on CBS’ “The Early Show.”
“We must acknowledge God because our constitution says our justice system is established upon God. For (the judge) to say ‘I can’t say who God is’ is to disestablish the justice system of this state.”
Well, actually, no. While the Declaration of Independence is predicated on the natural rights endowed by a Creator, the Constitution is not. Neither the word “God” nor the word “Creator” appears anywhere in it. Indeed, the Preamble is rather explicit that the source of sovereingty, and thus law, is the people themselves.
There are some interesting, if academic, arguments to be made on the incorporation of the Establishment Clause of the 1st Amendment against the states, about the hypocrisy of the Supreme Court and Congress recognizing religion, etc. But this one is rather silly.
Update (1639): PoliBlog: The Real Fun Begins“>Steven at PoliBlog reports that the Supremes have shot ole Roy down.