Ousted Alabama judge appeals to top court

MONTGOMERY, Ala. -- Roy Moore is appealing to the U.S. Supreme Court to reclaim his job as Alabama's chief justice, saying he was ousted for "professing a belief in God" when he refused a federal order to move his Ten Commandments monument.

In a legal brief, Moore's attorneys argued that a state judicial ethics panel imposed an "unconstitutional religious test" on Moore when it expelled him. The brief also said the panel wrongly refused to consider Moore's contention that the federal court order was illegal.

"Certainly you should not be removed from office for professing a belief in God," Moore said at a news conference Monday.

Moore was removed from office in November by the Alabama Court of the Judiciary. It found he violated canons of judicial ethics when he refused the federal court's order to move his Ten Commandments monument from the rotunda of the state courthouse.

"The chief justice placed himself above the law," Presiding Judge William Thompson said at the time.

Moore's expulsion was upheld in April in a unanimous ruling by a stand-in Alabama Supreme Court.

Moore said Monday he expects to know by mid-October or early November if the Supreme Court will hear his appeal.

"If the Supreme Court doesn't hear it, it's over," Moore said.

One of Moore's attorneys, Phillip Jauregui, said if the Supreme Court hears the case it could do one of three things -- send the case back to Alabama courts for another trial, reverse the decision of the Court of the Judiciary and put Moore back in office, or rule against Moore.

Attorneys said the appeal was given to the court late last week, contending the action against Moore violated "due process standards required by this court."

Should the appeal to the Supreme Court fail, Moore's only chance of returning to the chief justice's office would be to run for the post, which will be on the ballot in 2006.