Tuesday, November 14, 2017

A prediction about Alabama's voters

I usually don't make predictions of any kind — sports, weather or politics — but I'm going to make an exception in the case of Roy Moore of Alabama.

Please note that this is not an expression of preference. I would prefer that Moore crawl back into the hole whence he came. This is what I expect to happen, like it or not, folks.

I expect Roy Moore to be elected to the U.S. Senate by the voters of Alabama. These are the people, after all, who elected him repeatedly to be a judge and even to be the chief justice of the State Supreme Court. All of those elections took place before five women came forward to accuse him of misconduct with them when they were teenagers and he was in his 30s. But Moore's constituency is not focused on 40-year-old molesting/harassment/pedophilia accusations.

Moore has only one thing going for him. He swears that he is a Christian and puts the Word of God before all else. That commitment is what prompted him to install a mammoth stone engraving of the Ten Commandments in the Alabama Supreme Court building. Federal courts ordered its removal. Moore defied the courts and was removed from office. When the U.S. Supreme Court declared same-sex marriage legal, Moore defied the highest court in the land and was removed from office. All these removals and embarrassments just made him more adorable to his supporters. Critics might say that Moore is more interested in using religion for publicity and that many of his actions are not Christ-like.

And so it will go with this year's U.S. Senate election. Alabama voters will send Moore to the Senate, and the Senate will have to decide whether he should be seated. Section 5 of Article I of the Constitution provides that each legislative chamber "shall be the judge of the elections, returns and qualifications of its own members." Therefore, the Senate can refuse to seat Moore. This authority has not been exercised by the Senate in the past 150 years, but it can be used to deny Moore a seat if Alabama voters elect him. Senate Majority Leader Mitch McConnell has already said he believes Moore's accusers, and several Senate Republican leaders have indicated they agree. Many Republicans would like to see this embarrassment go away.

If the Senate refuses to seat Moore, the Republican governor of Alabama may appoint another candidate to the Senate in his stead. This course of action will not be completed until some inevitable court challenges are settled.

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