Ala. candidates revive judicial debate - Yahoo! News: " By JAY REEVES, Associated Press Writer Wed May 31, 2:00 PM ET BIRMINGHAM, Ala. -
In a debate with powerful echoes of the turbulent civil rights era, four Republicans running for Alabama's Supreme Court are making an argument legal scholars thought was settled in the 1800s: that state courts are not bound U.S. Supreme Court precedents.
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Yet Justice Tom Parker, who is running for chief justice, argues that state judges should refuse to follow U.S. Supreme Court precedents they believe to be erroneous. Three other GOP candidates in Tuesday's primary have made nearly identical arguments.
"State supreme court judges should not follow obviously wrong decisions simply because they are `precedents,'" Parker wrote in a newspaper opinion piece in January that was prompted by a murder case that came before the Alabama high court.
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Another candidate, Henry P. "Hank" Fowler, a member of Parker's staff, said conservative judges must stop surrendering to liberal Supreme Court opinions "without a word of protest." And lawyer Ben Hand said judges "can't just break the law and then point to the guy down the street in the black robe and say, `He told me to.'"...
Parker is a former aide to Roy Moore, who became a hero to the religious right when he was ousted as Alabama's chief justice in 2003 for refusing to obey a federal judge's order to remove a Ten Commandments monument from the rotunda of the state courthouse.
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