EX PARTE STATE EX REL. JAMES

1951975, 1960572, 1960839 and 1960927.

711 So.2d 952 (1998)

Ex parte STATE of Alabama ex rel. Fob JAMES, Governor, and Jeff Sessions, Attorney General. (In re STATE of Alabama ex rel. Fob JAMES, Governor, and Jeff Sessions, Attorney General v. ACLU OF ALABAMA, et al.). Roy S. MOORE v. AMERICAN CIVIL LIBERTIES UNION OF ALABAMA, et al. STATE of Alabama ex rel. Fob JAMES, Governor, and Bill Pryor, Attorney General v. ACLU OF ALABAMA and Alabama Freethought Association.

Supreme Court of Alabama.

On Application for Rehearing April 10, 1998.


Attorney(s) appearing for the Case

Bill Pryor, atty. gen., and John J. Park, deputy atty. gen.; and William P. Gray, Jr., Governor's legal advisor, for the State of Alabama and Chief Justice Perry O. Hooper, Sr.

D. Stephen Melchior, Cheyenne, Wyoming; and Myron K. Allenstein of Allenstein & Associates, Gadsden, for Judge Roy S. Moore.

Robert D. Segall of Copeland, Franco, Screws & Gill, P.A., Montgomery; James Tucker, Montgomery; and Pamela L. Sumners, Birmingham, for American Civil Liberties Union of Alabama, Gloria Hersheiser, Herb Stappenbeck, and Barbara Stappenbeck.

Joel L. Sogol, Tuscaloosa, for Alabama Freethought Association.

Tammy W. Parris, Gadsden, for amicus curiae The Christian Family Ass'n.

James Matthew Henderson, Sr., and Colby M. May of American Center for Law and Justice, Washington, D.C.; Jay Alan Sekulow and John G. Stepanovich of American Center of Law and Justice, Virginia Beach, Virginia; and Ike Gulas, Birmingham, for amicus curiae Members of the Alabama Delegation to the One-Hundred Fifth Congress of the United States.

A. Eric Johnston of Johnston, Trippe & Brown, Birmingham, for amicus curiae Rutherford Institute of Alabama, Inc.

Stuart J. Roth, Mobile, for amicus curiae American Center for Law and Justice of Alabama.

Barry E. Teague, Montgomery, for amici curiae American Family Ass'n of Alabama and National Clergy Council.

Marc D. Stern, American Jewish Congress, New York, New York, for amici curiae American Jewish Congress, People for the American Way, and Americans United for Separation of Church and State.

Robert R. Baugh, Julian D. Butler, and Steven A. Brickman, Birmingham; and Ruth Lansner, Steven Freeman, Debbie Kaminer, and Johnathon Barash, New York, New York, for amicus curiae Anti-Defamation League.

Mark N. Chambless, Karen P. Chambless, and Leonard N. Math, Montgomery, for amicus curiae a group "known as Alabama Historians".

Steven K. Green, Washington, D.C., and Jerome A. Cooper, Birmingham. J. Brent Walker and Melissa Rogers were listed "of counsel", for amici curiae Alabama Clergy, Baptist Joint Committee on Public Affairs, Clifton Kirkpatrick as Stated Clerk of the General Assembly of the Presbyterian Church (U.S.A.), Interfaith Alliance, and Union of American Hebrew Congregations.


COOK, Justice.

The petitioner or appellant in two of these four cases is the State of Alabama, upon the relation of Governor Fob James and Attorney General Bill Pryor, and the appellant in the other two is Judge Roy Moore of the Etowah Circuit Court. They seek review of a judgment entered in the Montgomery County Circuit Court declaring certain aspects of Judge Moore's courtroom decorum and practice to violate the Establishment Clause of the First Amendment of the...

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