alabama judge case

[Thomas C. Berg]

I am told that the Alabama Supreme Court today held that
there was no justiciable controversy in the case involving
Alabama judge Roy Moore's prayers and posting of the 10
Commandments.  (I have not seen the opinion yet.)  This
decision seems right on the merits (remember, as we
discussed several months ago, the lawsuit was a declaratory
judgment by the state against the judge, with no actual
litigants or lawyers in Judge Moore's court among the
parties).  It also seemed likely from a political
standpoint, because it enables the Alabama Supreme Court to
avoid the issue on the merits, allowing Moore's popular
practices to continue without giving them a legal stamp of
approval.

I just resubscribed to the list this afternoon; if someone
else has already posted this news, sorry.

Tom Berg

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Thomas C. Berg, Cumberland Law School
Samford University
Email: tcberg at samford.edu