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Judging the Judge
By Reed Irvine and Cliff Kincaid
December 13, 2002

It was big news when a federal judge ordered the removal of a display of the Ten Commandments from the Alabama Supreme Court building. A story in the Washington Post said the case could end up in the U.S. Supreme Court. But the story neglected to mention that the U.S. Supreme Court building features a sculpture of Moses holding the Ten Commandments.

A previous story in the Post was more honest, noting that the federal judge had ruled that all Ten Commandments displays in public buildings do not violate the Constitution, and that he had cited the depiction of Moses carrying those tablets on the back of the U.S. Supreme Court building. This judge, appointed by Jimmy Carter, acknowledged that the Ten Commandments are "one of the most important sources of American law" but went on to claim that the Alabama monument somehow crossed the line between the permissible and impermissible.

The historical significance of the Ten Commandments was noted by lawyers for Alabama Chief Justice Roy S. Moore, who had the monument placed in the court building. The ACLU and other groups sued to have it removed. One of the noteworthy omissions from the stories about the case is that the monument also bears quotes from the Declaration of Independence, which includes the phrase, "Laws of Nature and of Nature's God." It also features excerpts from our National Motto, which includes "In God We Trust"; the Pledge of Allegiance, which includes the phrase "One Nation Under God,"; and the Judiciary Act of 1789, which includes the admonition "So Help Me God". The latter established a federal court system and described the oath of office taken by Supreme Court Justices. That oath refers to upholding the constitution of the United States and ends with those words seeking God’s help.

You don’t have to go to Alabama to see the Ten Commandments. Visitors to Harrisburg, Pennsylvania, can witness a religious mural in the courtroom of their Supreme Court that shows Moses receiving the Ten Commandments. Another shows Jesus and the Beatitudes. A group supporting Judge Moore says plaques of the Ten Commandments have been placed on display in many public offices on Capitol Hill in Washington, D.C.

Trying to make fun of Judge Moore, Jeffrey Gettleman of the New York Times described him as "a former ranch hand and kickboxer" who "does radio shows," drives an old blue Cadillac, and "helps raise money for evangelical groups…" In fact, his legal career spans 25 years. He was a Deputy District Attorney and a Circuit Judge before he was elected to serve as Alabama Chief Justice.

He was a Captain in the U.S. Army; a Company Commander in Vietnam; and served as Battalion Staff Officer at Ft. Riley, Kansas. He entered the U.S. Military Academy, West Point, where he received a B.S. degree in 1969. In 1977, Judge Moore received a Juris Doctor Degree from the University of Alabama School of Law. His case for the Ten Commandments looks better than the confusing and contradictory ruling issued by Jimmy Carter’s judge. The U.S. Supreme Court may have to rule from a building with a similar depiction of the Ten Commandments. They may look like hypocrites if they rule against Judge Moore.

Reed Irvine can be reached at ri@aim.org