MONTGOMERY, AL – Today, U.S. District Judge Harold Albritton issued a ruling stating the federal court will abstain from deciding the constitutionality of the automatic removal provision in the Alabama Constitution. The federal court relied on the so-called Younger abstention doctrine that is named after a U.S. Supreme Court opinion. While federal courts have authority to decide cases within their jurisdiction, the Younger case has been applied to require some federal courts to abstain from ruling on an ongoing state case if that ruling would interfere with the state proceeding.

Liberty Counsel argued that striking down the automatic removal provision would not interfere with the ongoing state proceeding as the merits of the charges filed by the Judicial Inquiry Commission (JIC) will be separately decided in the Court of Judiciary.

Chief Justice Moore sued the JIC in federal court in May arguing that the automatic provision is unconstitutional. Alabama is the only state that has a provision in which judges are automatically removed from the bench when the JIC files a complaint, no matter how minor the complaint. The judge is removed from the bench until a final resolution. It turns due process on its head because the judge has to prove innocence to return to the bench. While the constitutional challenge to the automatic removal provision is pending in federal court, the merits of the JIC charges are before the Court of the Judiciary and will be heard next Monday.

“Alabama’s automatic removal provision goes against the assumption in law that a person is innocent until proven otherwise,” said Mat Staver, Founder and Chairman of Liberty Counsel, which represents Moore. “This provision should be struck down. We will discuss the matter with our client about appealing the ruling. We have preserved this issue in the state proceeding and will continue our challenge to this automatic removal provision. We are ready for Monday’s hearing to address the politically-motivated charges filed against Chief Justice Moore,” said Staver.

Liberty Counsel is an international nonprofit, litigation, education, and policy organization dedicated to advancing religious freedom, the sanctity of life, and the family since 1989, by providing pro bono assistance and representation on these and related topics.