Bill Pryor (this is one of his more flattering portraits)

I’ve never liked Bill Pryor.

Why not? Well, there is, for example, his amicus brief in Lawrence v. Texas, in which he opines that gay sex between consenting adults is fundamentally akin to necrophilia, bestiality, possession of child pornography and even incest and pedophilia and that a right of privacy protecting the former would logically have to extend to the latter. Or there is his on-going one-man war to waste as much of Alabama tax-payers’ money as possible (in a time of fiscal crisis) by defending the state’s idiotic sex toy ban from the neferious machinations of the federal court system.

One might also mention his winning record on women’s rights–not only as a militant opponent of Roe v. Wade, but also as the only state Attorney General in the nation to file an amicus brief opposing key sections of the Violence Against Women Act in Brzonkala v. Virginia Polytechnic Institute. (The court agreed and struck down the provisions, which empowered rape survivors to seek recompensation through a civil suit in federal court. Thanks, Bill.)

Bill Pryor has, in short, made some enemies. Not surprisingly, as a dangerous theocratic Rightist, he’s a prime candidate for a Bush Administration judicial appointment to the federal bench. As much as I like to see a hometown boy making good, I can’t say that I disagree with the on-going effort by women’s rights, civil rights, and religious liberties groups to stop his nomination. And I have to say that I’m rather glad that Senate Democrats are filibustering his nomination.

But liberals and Internet anarcha-feminist weblogs are no longer the only people calling for Pryor’s nomination to be scotched.

Pryor has made some new enemies lately, and–in what may be a paradigm case for the Strange Bedfellows principle–supporters of ex-Chief Justice Roy Moore have joined the fray and called on Bush to drop the Pryor nomination.

A group of supporters of ousted Supreme Court Justice Roy Moore asked Friday that President Bush withdraw the nomination of Alabama Attorney General Bill Pryor to be a federal judge.

The Rev. Frank Raddish, founder and director of the Washington-based Capitol Hill Independent Baptist Ministries, said Pryor abandoned his previous position supporting public Ten Commandments displays when he prosecuted Moore before the Alabama Court of the Judiciary.

The court removed Moore from office for refusing to obey U.S. District Judge Myron Thompson’s order to move a 5,300-pound Ten Commandments monument from the rotunda of the Alabama Judicial Building.

Given my frequent fulminations of Roy Moore’s anathemas, you may find it a bit surprising that I actually welcome Roy Moore’s supporters to the fold. And not just as a matter of political expedience–they are actually right that Bill Pryor’s stance on the prosecution of Roy Moore make him completely unfit for a federal judgeship. This may strike you as odd, since I vociferously lauded Moore’s prosecution and removal from the bench, and I think that Bill Pryor’s prosecution of Moore was entirely the right thing to do. So what gives?

The short answer is that Bill Pryor chose the right action, but he chose it for entirely the wrong reason. Pryor has urged in repeated public statements that he agrees with Moore about State-sponsored display of the Ten Commandments, but that he is prosecuting Moore because Moore defied a federal court order that both he and Moore consider to be fundamentally mistaken. Pryor’s mouthpiece put it this way: It’s one thing to support the idea of having a monument in a court building. It’s an entire [sic] different issue to support defiance of federal court orders. So Pryor’s position is this: the federal court order is a mistake; it has no foundation in Constitutional law, and is in fact an illegal violation of the prerogatives of the several states; and yet Roy Moore has no business disobeying it.

It’s bad enough to be, like Moore, a dangerous theocrat with complete contempt for the law. But how much worse is it to combine, like Pryor, theocratic Right-wing politics with blind obsequiousness to federal power? If the federal court order were in fact illegal what possible argument could there be that Roy Moore should be forced to comply with it? Roy Moore’s position in this fracas is pernicious; but Pryor’s is beneath contempt.

So welcome to the fold, Mooreans! Écrasez l’inf?@c3;a2;me.

Here’s some more good news on the Emergency Contraception front: while the FDA process has advanced to the point where EC will probably be available over-the-counter sometime or another soon, Australia is quickly moving one step ahead of the United States: Emergency Contraception is set to become available over-the-counter in Australia tomorrow, January 1.

This isn’t to say that Australia’s EC situation is advanced over that of the United States in every respect. One major difference is that whereas the medical community in America largely supports the FDA’s move towards OTC availability, the medical community in Australia is at best nervous about the move, and in some cases directly opposed. The main issue for them, though, seems not to be the sort of religious Kulturkampf that flares around the American side of the debate. Rather, Australian doctors just seem to be more accustomed than American doctors to controlling the medical lives of their patients, and more jealous at giving up that power. For example, consider this Foucaultian bit of paternalism:

But Australian Medical Association president Bill Glasson said he was concerned that pharmacists were not legally required to record a woman’s visit.

I think that they really need to rediscuss how it is going to operate in the interest of good medical care, Dr Glasson said.

The pharmaceutical society’s national president, Jay Hooper, said many pharmacists would take it upon themselves to record each time a woman wanted the pill.

Not that American doctors don’t also sometimes engage in this tracking and scummy hectoring. At the Auburn University Student Health Center, for example, you could obtain EC–but they’d note when you got it, throw a bunch of red tape in your way, and if I recall correctly, they’d only let you have it once a semester. (The idea in both cases is for doctors to be able to lecture women that they decide are making unhealthy lifestyle choices. I am all for encouraging women to make healthy lifestyle choices, but I can’t imagine that an emergency situation to prevent a pregnancy is the appropriate time to do it, or that forcing women to listen by restricting access to EC until you’re done lecturing them is the appropriate way to go about it.) But the American medical community does not seem particularly squeamish about giving up that control if it means that women are more able to prevent unwanted pregnancies: the American Medical Association and the American College of Obstetricians and Gynecologists both lobbied for, and strongly supported, the FDA advisory panels’ decision. In Australia, however, the Australian Medical Association seems nervous and is ready to develop their own house guidelines to try to minimize the freedom it will offer women.

I don’t think, incidentally, that the attitude is a matter of misogyny, exactly. But it is directly connected to patriarchy–it’s a matter of the authoritarian sense of entitlement that modern doctors have always felt and acted out vis-a-vis their patients. The condition exists in Australia and America both, but with regard to over-the-counter pills the Australian medical community seems to have divorced itself from it less than their American counterparts. Consider: at the same time as EC becomes available over the counter for the first time in Australia, so will ibuprofen. And this has caused no small degree of consternation for the Australian Medical Association:

Also from Thursday stronger pain relief medication will be available in supermarkets, a move that has angered and confused doctors and pharmacists. Dr Glasson said the pain killer ibuprofen, contained in products including Nurofen, should only be sold under the supervision of pharmacists. It’s a dangerous move and it’s a backward step.

Patients have to look at the medical aspects of these drugs and get good advice that only the friendly pharmacist can give. Paracetamol is much kinder on the stomach.

Ibuprofen, an anti-inflammatory drug, was only available in pharmacies until the Government ratified the new regulations in October.

. . .

Products containing ibuprofen have been available in supermarkets in the US since 1984 and in Britain since 1996.

The teeming masses of Ozzies will now be able to buy Advil without a doctor’s learned advice! O tempora! O mores!

But however the doctors and pharmacists may whine, the women of Australia have every reason to celebrate. A happy New Year’s to the reproductive rights community in Australia — good show!

This is Roy Moore. Roy Moore recently got in trouble because he defied a federal court order to move a Ten Commandments monument that he placed in the rotunda of the Alabama Supreme Court building. Roy Moore is suspended from the Alabama Supreme Court, and is facing a trial from the Court of the Judiciary which could permanently remove him from the bench.

Roy Moore also has a huge forehead.

If Chief Justice Moore had only made use of his God-given endowments, he could have avoided this whole mess. He could have sidestepped the court battle by removing the Ten Commandments monument from the rotunda—and then having the Ten Commandments tattooed on his humongous forehead.

Wherever Roy Moore would go, the Ten Commandments would be there, showing forth the divine law from his lofty brow. The removal of the monument would satisfy the federal court order, but Roy Moore and his supporters would have the last laugh. No court could possibly rule that Roy Moore should be banned from sitting on the court because of a First Amendment-protected tattoo. And would even Judge Myron Thompson be so rude as to order that a gentleman cover his forehead with a hat while indoors? I think not.

Thank goodness that Roy Moore didn’t recognize this in time. Here’s to two months of freedom from theocratic rule in Alabama!

Glad tidings! Today, Roy Moore faced an ethics panel for his defiance of a federal court order to remove a monument of the Ten Commandments from the Alabama Supreme Court building. And the news just in is that they have issued a formal complaint against Moore — suspending him from his duties on the Alabama Supreme Court while the complaint goes before the Court of the Judiciary. If the complaint is upheld in the Court, Moore could be removed from the bench — a victory not only for the rule of law, but for the people of Alabama: someone who is willing to defy a federal court order in order to pull a petty political stunt and push his fundamentalist agenda is a threat to all of us.

Whichever way it turns out, the Associate Justices have at least found the backbone to unanimously overrule Moore and order that the monument be removed from the rotunda [WSFA]. (They can overrule the normal administrative authority of the Chief Justice by a unanimous vote.) So the state of Alabama will most likely not be facing fines for non-compliance, and the damn thing will be moved.

This phase of the battle is winding down, and unless something unexpected happens, you can count on the story to drop out of the national limelight soon. Unfortunately, the whole chain of events has left the national press more or less mystified as to what was going on. Worse, they didn’t realize that they were mystified; they simply substituted their own cariacature of Southern politics for the facts of the matter — redneck jamboree might be an apt description of the picture you get of the events in Montgomery from the coverage in, say, the Washington Post or the New York Times. So let me take a moment to talk about some of these misconceptions.

First, while Moore certainly has a strong base of support amongst white conservatives in Alabama — that’s how he got elected, after all — the crazy-Right Christian fundamentalist demonstrators who have been picked out as mouthpieces for Moore are, by and large, not from Alabama. The events in Montgomery were coordinated on the ground by flacks of the Christian Coalition; supporting organizations flew people in from nearly every state. Although there were certainly Alabamians demonstrating outside of the courthouse, local newsreporters found that they were distinctly a minority amidst the crowds brought in by the Christian Defense Council, Christian Coalition, and others. Meanwhile in television punditry, the only major Alabama faces were John Giles of the Alabama Christian Coalition and Roy Moore himself. Most commentary came from yet more out-of-state professional Christians, such as representatives from Concerned Women for America.

The point of all this is that national media has gotten it wrong about who they are reporting on; it’s not a matter of Alabamians, but rather a matter of the nation-wide network of Religious Right fundamentalists, who happen to be using events in Alabama as their focal point. To say that this reflects one way or another on Alabama is no more accurate than to say the 500 attendees of Southern Girls Convention 2001 in Auburn make Alabama a hotbed of radical feminist activism.

Closely related to this misunderstanding are the incessant comparisons that the national press makes between Roy Moore and George Wallace. Sure, both of them are Southern demagogues who rode a hard Right white quasi-populism to public office and national attention. Sure, both of them acted in defiance of federal courts demanding protection of the civil rights guaranteed by the Constitution. Sure, both of them had a penchant for flamboyant confrontation and ultimately served to embarass the state of Alabama in the national spotlight. But the similarities end there. It is a fundamental misunderstanding of Roy Moore’s position and his motivations to read this as just another crisis over the powers of Southern states vis-a-vis the federal government. Although some of those supporting Roy Moore have given states’ rights as a reason against obeying the federal court, that is not the primary reasons that Roy Moore gives. Here are the reasons that Moore gives:

Separation of church and state never was meant to separate God from our government. It was never meant to separate God from our law.

The question is not whether I will remove the monument. It is not a question of whether I will disobey or obey a court order. The real question is whether or not I will deny the God that created us.

It’s not about states’ rights for Moore; it’s about Jesus. The issue is not his understanding of federalism but rather his understanding of the proper relationship between God and the State. His aims are not decentralist, but rather theocratic. To fail to understand this is to fail to understand the new breed of confrontational conservatism that Moore and his followers represent — a breed of conservatism that the Religious Right has been spreading for the past 30 years or so now.

Complaining about the Yankee press, of course, is not to say that there are not plenty of homegrown misunderstandings of Moore — there are lots, coming from his own defenders. But comments on the Right-wing deviationists will have to wait for a while. In the meantime, let’s just bask in the glow of these happy events: Roy Moore is suspended from his position as Chief Justice of the Supreme Court. Hosanna, and amen.

At the time I am writing this, Chief Justice Roy Moore of the Alabama Supreme Court has been in contempt of a federal court for half an hour. As of 12:00am he carried his battle against the Establishment Clause to a new level, as he officially stood in defiance of a federal court order to remove his two-ton Ten Commandments monument from the rotunda of the Alabama Supreme Court. In the process, he has created a national media circus; he has become yet another embarassment for Alabama in the Yankee press; and his actions may end up costing the State Treasury at the tune of some $5,000 / day if U.S. District Court Judge Myron Thompson makes good on the fine that he says he has been mulling over. But, as someone who’s spent the majority of my life in Alabama, right now I can feel nothing but excitement as Moore makes his lawless stand.

Why is that, you ask? Well, for those who have not followed Moore over the past decade or so of his career, he has made a long career of confrontational theocratic politics, from the original battle over his display of the Ten Commandments and other conduct in his Etowah County Circuit Court, to his ascent to the position of Chief Justice, to his use of the position to issue virulently homophobic tirades masquerading as case law. He is, at best, a dangerous zealot who is willing to use the State’s power of the sword to further his own ends. At worst, he is a demagogue and a charlatan blasphemously using a confrontational form of fundamentalist Christianity to pull media stunts for his own political and financial advancement. My own suspicion is that he is both–that he honestly believes in a version of fundamentalist Christianity that is actually much closer to a form of Gnosticism, a modern-day Right-wing revivalism that legitimates the use of such confrontational tactics and phony martyrdom.

Whatever his real motivations are, his presence on the Supreme Court bench in the state of Alabama has been a terrible liability for the state, and the more blatantly lawless he becomes, the worse it gets. The reason I am so excited is that Moore has gone too far out on thin ice. Tomorrow, the Southern Poverty Law Center will file a motion for him to be found in contempt of court, and if we are lucky, it will land his sorry ass in jail. More to the point, however, the SPLC is also initiating an ethics complaint against Moore, since his defiance of a federal court order is in obvious violation of several sections of the Canon of Judicial Ethics of the Code of Alabama. Moore’s latest exercise in demagoguery has given our state a wonderful opportunity–that is, it has made it quite likely that he will be thrown out of the Supreme Court within a matter of weeks.

Those of you who know me know that I don’t very much like petty vengeance in politics. I don’t usually delight in the misfortunes of people that I disagree with, even politicians that I loathe. It doesn’t fill me with glee to see Roy Moore act in defiance of the Constitution and the federal courts, or to know that it may well result in trouble for him. What makes me happy, and excited, is the prospect of a threat removed–I’m glad that very soon Moore may no longer pose a threat to the judicial system of Alabama.

(N.B.: Watch this space for more on the morrow. I have some more to say about Moore, as well as the local and national media coverage of the fracas. But it can wait; tonight I just want to celebrate the very real possibility of Moore’s impending fall.)