The case was prosecuted by the state's attorney general, Bill Pryor, who disingenuously weaseled his way into office by misrepresenting himself to the governor as one who believes a state official is duty-bound to disobey an unconstitutional court opinion.
According to an affidavit filed by former Alabama governor Fob James, who appointed Pryor to his job:
I talked with Bill Pryor about all this when I was considering him for the job of Alabama Attorney-General. He impressed me with his knowledge of these things and provided me with some legal papers on “non acquiescence” that he was responsible for while at the Tulane Law School. I told Bill about my view that constitutional officials needed to challenge the Supreme Court. For instance, for twenty years my view has been that a Governor should refuse to allow enforcement of a patently unconstitutional court order, and force the president to take action one way or the other on the issue. I don’t mean that we should fight anyone with troops. I do mean that we should use our constitutional authority to force the great issue of the day into the provinces of all branches of the federal government, not just a judiciary that likes to sweep everything under its own rug where it has nearly exclusive control. Bill Pryor was aware of my views when I appointed him, because we discussed these things. Bill had indicated nothing but his wholehearted support of my position on these issues at the timeHere is a portion of Bill Pryor's questioning of Roy Moore on the stand yesterday:
....Bill’s actions today are utterly contrary to the political and legal convictions he expressed to me. Had he expressed his present view, I would not have found him qualified to be Attorney-General of Alabama. The main reason Pryor was appointed was his understanding and the ability to express that understanding well that a public official’s highest duty was to the Constitution of the United States and not to the Supreme Court or any other entity.
Q: Mr. Chief Justice? And your understanding is that the federal court ordered that you could not acknowledge God; isn’t that right?Wow, I guess Pryor got him there. Imagine the gall--a state official acknowledging God!
A: Yes.
Q: And if you resume your duties as Chief Justice after this proceeding, you will continue to acknowledge God as you have testified that you would today?
A: That’s right.
Q: No matter what any official says?
A: Absolutely.
Fortunately, while Moore's legal battle has come to an unsuccesful end, he will likely only move forward from here--very possibly to the United States Senate.
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