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Old 01-05-2006   #1 (permalink)
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Alabama Supreme Court Criticism
(Part 1 of 2)

Tom Parker is a justice on the Alabama Supreme Court and had this to say ealier this week

From the B’ham News <?xml:namespace prefix = o ns = "urn:schemas-microsoft-comfficeffice" /><o:p></o:p>
<?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-comffice:smarttags" /><st1:date Year="2005" Day="1" Month="1">January 1, 2005</st1:date><o:p> </o:p>
<o:p> </o:p>
<st1:State><st1:place>Alabama</st1:place></st1:State> Justices Surrender to Judicial Activism<o:p></o:p>
<o:p> </o:p>
By Tom Parker<o:p> </o:p>
<o:p> </o:p>
In 1997, a vicious thug entered the home of a pregnant <st1:State><st1:place>Alabama</st1:place></st1:State> woman. He<o:p></o:p>
raped and repeatedly stabbed her, then fled, leaving her to die in a house<o:p></o:p>
with three other children. Police acted swiftly and caught the attacker,<o:p></o:p>
Renaldo Adams, literally red-handed with blood. After a fair trial, <st1:place>Adams</st1:place><o:p></o:p>
was convicted of rape and murder and given the death penalty. It took the<o:p></o:p>
jury less than 30 minutes to recommend his execution.<o:p></o:p>
<o:p> </o:p>
As an Assistant Attorney General under then Attorney General (now <st1:country-region><st1:place>U.S.</st1:place></st1:country-region><o:p></o:p>
Senator) Jeff Sessions, I helped prosecute <st1:place>Adams</st1:place> and was satisfied that the<o:p></o:p>
<st1:State><st1:place>Alabama</st1:place></st1:State> jury chose the punishment that best fit his crime. Consequently, I<o:p></o:p>
was shocked to learn that the Alabama Supreme Court just freed <st1:place>Adams</st1:place> from<o:p></o:p>
death row.<o:p></o:p>
<o:p> </o:p>
Although I am now a justice of the Alabama Supreme Court, I had to recuse<o:p></o:p>
from any involvement in <st1:place>Adams</st1:place>' case because I helped prosecute him. Because I believe the Court's decision illustrates a serious problem with our<o:p></o:p>
judicial system, however, I write to explain what I regard as a failure to<o:p></o:p>
defend our constitution and laws against activist federal judges.<o:p></o:p>
<o:p> </o:p>
You see, my fellow <st1:State><st1:place>Alabama</st1:place></st1:State> justices freed <st1:place>Adams</st1:place> from death row not because<o:p></o:p>
of any error of our courts but because they chose to passively<o:p></o:p>
accommodate -- rather than actively resist -- the unconstitutional opinion<o:p></o:p>
of five liberal justices on the U.S. Supreme Court.<o:p></o:p>
<o:p> </o:p>
Those liberal justices declared last spring in the case of Roper v. Simmons<o:p></o:p>
that "evolving standards of decency" now make it "unconstitutional" to<o:p></o:p>
execute murderers who were minors at the time of their crime. The justices<o:p></o:p>
based their ruling not on the original intent or actual language of the<o:p></o:p>
United States Constitution but on foreign law, including United Nations<o:p></o:p>
treaties.<o:p></o:p>
<o:p> </o:p>
Ironically, one of the UN treaties invoked by the U.S. Supreme Court as a<o:p></o:p>
basis for its Roper decision is a treaty the <st1:country-region><st1:place>United States</st1:place></st1:country-region> has refused to<o:p></o:p>
sign. By insisting that American states submit to this unratified treaty,<o:p></o:p>
the liberals on the U.S. Supreme Court not only unconstitutionally<o:p></o:p>
invalidated laws in 20 states but, to do so, also usurped the treaty-making<o:p></o:p>
authority of both the President and the U.S. Senate.<o:p></o:p>
<o:p> </o:p>
I am not surprised that the liberal activists on the U.S. Supreme Court go<o:p></o:p>
to such lengths to usurp more political power. I am also not surprised they<o:p></o:p>
use such ridiculous reasoning to try and force foreign legal fads on<o:p></o:p>
<st1:country-region><st1:place>America</st1:place></st1:country-region>. After all, this is the same Court that has declared state displays<o:p></o:p>
of the Ten Commandments to be unconstitutional.<o:p></o:p>
<o:p> </o:p>
But I am surprised, and dismayed, that my colleagues on the Alabama Supreme<o:p></o:p>
Court not only gave in to this unconstitutional activism without a word of<o:p></o:p>
protest but also became accomplices to it by citing Roper as the basis for<o:p></o:p>
their decision to free <st1:place>Adams</st1:place> from death row.<o:p></o:p>
<o:p> </o:p>
The proper response to such blatant judicial tyranny would have been for the<o:p></o:p>
Alabama Supreme Court to decline to follow Roper in the <st1:place>Adams</st1:place> case. By<o:p></o:p>
keeping<st1:place>Adams</st1:place> on death row, our Supreme Court would have defended both the<o:p></o:p>
U.S. Constitution and <st1:State><st1:place>Alabama</st1:place></st1:State> law (thereby upholding their judicial oaths of<o:p></o:p>
office) and, at the same time, provided an occasion for the U.S. Supreme<o:p></o:p>
Court, with at least two new members, to reconsider the Roper decision.<o:p></o:p>
<o:p> </o:p>
After all, Roper itself was established as new U.S. Supreme Court<o:p></o:p>
"precedent" only because the Missouri Supreme Court refused to follow prior<o:p></o:p>
precedent. The U.S. Supreme Court used the appeal resulting from the<o:p></o:p>
<st1:State><st1:place>Missouri</st1:place></st1:State> decision to overturn its previous precedent and declined to rebuke<o:p></o:p>
the state court for disregarding the prior precedent.<o:p></o:p>
<o:p> </o:p>
State supreme courts may decline to follow bad U.S. Supreme Court precedents<o:p></o:p>
because those decisions bind only the parties to the particular case. Judges<o:p></o:p>
around the country normally follow precedents in similar cases because they<o:p></o:p>
know that if those cases go before the Court again they are likely to<o:p></o:p>
receive the same verdict. But state supreme court judges should not follow<o:p></o:p>
obviously wrong decisions simply because they are "precedents."<o:p></o:p>
<o:p> </o:p>
After all, a judge takes an oath to support the constitution -- not to<o:p></o:p>
automatically follow activist justices who believe their own devolving<o:p></o:p>
standards of decency trump the text of the constitution. Thus, faithful<o:p></o:p>
adherence to the judicial oath requires resistance to such activism, and a<o:p></o:p>
changing U.S. Supreme Court membership makes such resistance more likely to<o:p></o:p>
bear good fruit.<o:p></o:p>
<o:p> </o:p>
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Old 01-05-2006   #2 (permalink)
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Re: Alabama Supreme Court Criticism
Part 2 of 2

The Adams case presented the Alabama Supreme Court with the perfect

opportunity to give the new U.S. Supreme Court the occasion to overturn the

unconstitutional Roper precedent. If our Court had voted to uphold Adams'

death penalty, he would have appealed the decision to the U.S. Supreme

Court. Because the U.S. Supreme Court can accept only a handful of the

petitions it receives, the Court may not have heard the case at all, and

Adams would have been executed as he deserves. However, if the new John

Roberts-led court had taken the case, it could very well have overturned

Roper.



But even if, in the worst-case scenario, the Roberts Court had taken the

Adams case but failed to overturn Roper, the Alabama Supreme Court would

have been none the worse for standing up against judicial activism.



After all, the liberals on the U.S. Supreme Court already look down on the

pro-family policies, Southern heritage, evangelical Christianity, and other

blessings of our great state. We Alabamians will never be able to

sufficiently appease such establishment liberals, so we should stop trying

and instead stand up for what we believe without apology.



Conservative judges today are on the front lines of the war against

political correctness and judicial tyranny. Happily, Alabama’s Supreme Court

has a reputation of being one of the most conservative in the nation.



However, it does no good to possess conservative credentials if you

surrender them before joining the battle.
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Old 01-05-2006   #3 (permalink)
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Re: Alabama Supreme Court Criticism
Its called the "Supremacy Clause", Tom. Look into it.
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Old 01-05-2006   #4 (permalink)
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Re: Alabama Supreme Court Criticism
Tom Parker is a racist moron who has no business cleaning the toilets in the Alabama Supreme Court building.

Whether or not one agrees with a ruling by the United States Supreme Court it IS the law of the land, and to advocate that a court IGNORE the law of the land is the most blatant form of judicial activism imaginable. It could also be taken as a thinly disguised attempt to question the validity of our governmental system...

Whether or not you think Roper was the right decision, the Alabama Supreme Court must follow the precident of the United States Supreme Court...or seceed again. And for pity's sake, it's not as if the guy were LET GO...he will be spending the rest of his life in prison for what he did.
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Old 01-05-2006   #5 (permalink)
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Re: Alabama Supreme Court Criticism
Ignoring the law because of moral convictions, ala Roy Moore. Parker is advocating what most don't want in a judge--someone that uses personal feelings to make decisions rather than the law.
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Old 01-05-2006   #6 (permalink)
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Re: Alabama Supreme Court Criticism
What an idiot! He's advocating doing the same thing that he is preaching against.
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Old 01-05-2006   #7 (permalink)
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Re: Alabama Supreme Court Criticism
To further illustrate how wrong he is...he suggests that taking the case back before the court could somehow change it because of the possibility of two new justices. However, the two justices being replaced, Rhenquist and O'Connor, voted in the minority. The five justices that voted for the result are still on the court. Wouldn't change a thing!
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Old 01-05-2006   #8 (permalink)
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Re: Alabama Supreme Court Criticism
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Tom Parker is a racist moron who has no business cleaning the toilets in the Alabama Supreme Court building.

Whether or not one agrees with a ruling by the United States Supreme Court it IS the law of the land, and to advocate that a court IGNORE the law of the land is the most blatant form of judicial activism imaginable. It could also be taken as a thinly disguised attempt to question the validity of our governmental system...

Whether or not you think Roper was the right decision, the Alabama Supreme Court must follow the precident of the United States Supreme Court...or seceed again. And for pity's sake, it's not as if the guy were LET GO...he will be spending the rest of his life in prison for what he did.
Wow these are the people that make me not want to support the Right ever again.
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Old 01-05-2006   #9 (permalink)
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Re: Alabama Supreme Court Criticism