The Alabama Supreme Court is free to ignore rulings of Federal Courts, according to

[pnwmom]

the Alabama Supreme Court.

The only Federal Court they might defer to is SCOTUS.

But I wouldn't count on it.

http://www.nytimes.com/2015/03/04/us/alabama-court-orders-halt-to-same-sex-marriage-licenses.html?_r=0

In the decision, the judges insisted they could “interpret the United States Constitution independently from, and even contrary to, federal courts,” and did just that, taking on not just Judge Granade’s ruling point by point but also taking issue with the U.S. Supreme Court’s ruling striking down parts of the federal Defense of Marriage Act in 2013. Going beyond the constitutional question of the ban on same sex marriage, the judges insisted that only marriage between a man and a woman “provides the optimum environment for defining the responsibilities of parents and for raising children to become productive members of society.”

Justice James Gregory Shaw was the sole dissenter, taking issue with the ruling on several procedural grounds and concluding that the court was venturing into uncharted waters “and potentially unsettling established principles of law.”

Ronald Krotoszynski, a constitutional law professor at the University of Alabama, found the court’s ruling shocking.

“You might read it as kind of a brief or a political document to the Supreme Court of the United States,” he said. “They’re trying to lobby."

[elleng]

1. Right, maybe they'll say 'Let them enforce it,

but then WE the PEOPLE will enforce it, with federal troops.

[jberryhill]

7. To do what, exactly?

[elleng]

13. to require marriage licenses to be issued,

and marriages to occur.

[jberryhill]

14. At gunpoint?

The party(s) ordered to issue the marriage license are a handful of probate judges.

This is not an angry mob in need of dispersal in order to make way for persons exercising their rights, a la Little Rock.

If they do not comply with the court order, then the probate judges have two choices: 1. Be remanded to the custody of federal marshals and held for contempt until such time as they issue the licenses, or 2. Resign from the position of probate judge.

If the federal marshals show up, all they have to do is resign the job. Once they have resigned their position, there is nothing to order them to do.

But the notion that a complement of soldiers is going to have them comply with a court order by signing papers at gunpoint is just silly.

Soldiers were needed to quell mass civil disturbances interfering with implementation of desegregation orders. They weren't there to implement a court order bearing on a few individuals who were refusing to comply with them.

[elleng]

16. Of course not at gunpoint,

but there might be angry mobs outside of the courthouses.

Hold them in contempt, and keep them from doing the other things probate judges do.

[jberryhill]

17. Angry mobs are not in contempt of court

A contemnor is a person who disobeys a court order directed at them.

There are no angry mobs outside of Alabama courthouses preventing the probate judges from issuing marriage licenses.

There are probate judges inside the courthouses who are engaging in contempt of court.

When you ask for the army to point guns at people, there has to be a reason why, because the only reason to call for them is a reasonable belief that there is a problem to be solved by pointing guns at people.

[elleng]

18. I MEANT, the PROBATE judges should be found in contempt, as you suggested.

Sorry if I wasn't clear.

I was not asking for the army to point guns at people, but rather, in response to the possible 'let them enforce it' cry from the Alabama courts and governor, the Federal government might have to show its ability to enforce court orders in a dramatic way, by showing up en masse.

[longship]

2. And according to Roy Moore, Roy Moore is GOD!!!

Drops mike!

[bluestateguy]

3. At what point do federal troops have to march into Alabama?

And how would that work?

Federal troops are going to take over county probate offices and issue marriage licenses?

I guess.

[safeinOhio]

5. You don't need to send in troops.

Just cut off all Federal money going to the state.

[onenote]

9. How do you do that?

[madville]

12. Like the Republican House is going to do that

I'm sure the House will get right on excluding bright red Alabama from federal funding handouts.......

[Stallion]

4. First You'll Have to Exhaust Judicial Remedies

not a federal constitutional lawyer but if a lower state court refused to comply with a higher court ruling you'd probably seek a writ of mandamus to the next higher appellate court ordering the lower court to comply. They usually instruct the lower court on its error and allow it to recognize their mistake but if they refuse then they will strike the opinion. However, I don't remember too many state supreme court's being so constitutionally stupid to attempt to disregard the orders of a federal court but there is probably a judicial remedy that will be sought first. I really not sure-can a federal court judge hold a state supreme Court in contempt of court?

George Wallace was the highest elected officer of Alabama so nationalizing the Alabama National Guard was appropriate there but this is a little different as federal courts have jurisdiction over the decisions of state supreme courts. Is this potentially an area of original jurisdiction of the Supreme Court. Anybody that has seen a good analysis of the legal remedies please post

[jberryhill]

15. It is the probate judges who will be in contempt

And, no, military action is not required to either hold someone on contempt.

Because the simple way out is simply to resign the position when the marshals show up. At that point the former probate judge cannot be in non-compliance with the order, no longer having the capacity to issue marriage licenses.

[anotojefiremnesuka]

6. Seems like Alabama and the rest of the confederate states have not changed much since the 1860s

for over 150 years they are using the same old tired arguments and logic to codify hate into law.

[Glitterati]

10. On what basis do you include other states?

Talk about big brushing an awful lot of people.

So tell me, which state is following Alabama please?

[anotojefiremnesuka]

20. Gee lets see how far back do you want to go?

I can keep it simple ya and only go back to the 1920's instead of going through all the history of how ALL the former states who rose up in armed rebellion against the United States started passing laws, up held by their courts to, to deny rights to people of color; which is no different then what they are doing now.

Remember Jim Crow Laws? Same type laws a the New Juan Crow laws being passed and enforced today in those very same states.

How about the Separate but equal laws, yup same states again.

Want be to go on?

To really break it down for ya, for the last 20 years EVERY single former confederate state whipped out the old racist laws they had on the books that denied rights to blacks and since then, mostly overturned by the courts, crossed out the word Negro and replaced it with Gay. We are now in the process of the Federal Courts overturning the hateful laws codified by those states. Hence the typical asshat response by the state when they are told the can no longer be bigoted assholes.

History repeats its self.

[Glitterati]

21. I'm referring to the topic of this post.....in ALABAMA

no other state is doing what Alabama is and you're nasty broad brush is unfair and bigoted.

[anotojefiremnesuka]

22. They fucking earned it, Alabama in this case is currently the only one pushing it

to this extreme for the moment.

Oh lookey here another former confederate state trying to codify some good old southern hospitality into law.

http://www.democraticunderground.com/10026311743


And the beat goes on.......................

[Glitterati]

23. Really, so your bigotry knows no bounds, huh?

Blame whole groups of people for things they MIGHT do. In the future.

Because. you. said. so.

[anotojefiremnesuka]

24. MIGHT THEY CURRENTLY ARE!

[Orrex]

8. If this is true, why should anyone have to obey any laws?

Why can't we all simply declare the right to “interpret the United States Constitution independently from, and even contrary to, federal courts?”

What makes Moore so special?

[2naSalit]

26. Because he

is a self-appointed arbiter of gawd's will and has managed to swindle others into believing this. That, in their minds, seems to mean that he is really special and nobody has authority over him except gawd.

[Vinca]

11. This is why it's a good idea to have educated people on the bench.

If I'm correct, in Alabama any Tom, Dick or Jim Bob yahoo can run for office and be elected.

[Zorra]

19. Ah, the Dixie Pigs of Alabama are at it again.

I'd like to see the President mobilize the National Guard like JFK did back in the day, when the Dixie Pigs defied the ignored the Constitution and wouldn't let black kids into a state school.

JFK put the fear of jail into the piggies, and solved that problem real quick.

[hifiguy]

25. Apparently this lower primate never read The Supremacy Clause of

The United States Constitution.

No offense to good DUers in the South but it's a shame Lincoln didn't just wall off the entire Confederacy back in 1861.