Judge Dismisses Suit Requesting Moore's Reinstatement - WBRC FOX6 News - Birmingham, AL

April 5, 4:20 p.m.

Judge Dismisses Suit Requesting Moore's Reinstatement

(Montgomery-AP) -- A federal judge dismissed a Christian broadcaster's lawsuit to have Roy Moore reinstated as chief justice.

U.S.District Judge Truman Hobbs rejected Kelly McGinley's claim that her federal due process and voting rights were violated when the non-elected state Court of the Judiciary removed Moore from office for ethics violations.

Hobbs issued a one-page order Friday in declining the suit by McGinley, who hosts a radio talk show in Mobile.

Her attorney, Jim Ziegler of Mobile, said he would -- quote -- "prayerfully consider" whether to file an appeal with the 11th U-S Circuit Court of Appeals.

The 11th Circuit previously upheld a ruling against McGinley in another suit involving Moore and his Ten Commandments monument. McGinley claimed in that suit that the removal of the 5,300 pound monument violated the First Amendment by establishing a "nontheistic religion" or faith.

McGinley is also having problems with the Alabama Republican Party. A complaint has been brought against McGinley, who is running for the state school board, because of her criticism of President Bush and her support for Moore and the Constitution Party. The Republican Party's candidate committee will consider the complaint Wednesday evening in Hoover.

Associated Press

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