Judge Bill Pryor Blocks Brief Filed by Former Chief Justice Roy Moore and Foundation in Evolution Sticker Case
Foundation Files Motions for Reconsideration and for Recusal of Judge Pryor
June 13, 2005
Case: Selman v. Cobb County School District, Ga.

 On May 20, 2005, federal 11th Circuit Court of Appeals Judge Bill Pryor, who as Alabama Attorney General had Chief Justice Moore removed from office for continuing to acknowledge God, denied the amicus brief filed by Chief Justice Moore and the Foundation for Moral Law in the Georgia evolution sticker case, Selman v. Cobb County School District.  In our brief, we argued that a sticker on a science textbook calling evolution a “theory, not a fact” that should be “critically considered” was hardly a violation of the text of the Constitution's First Amendment.  Ironically, even though the briefs by three other groups were accepted (including the Hare Krishnas'), our brief was denied because, in Judge Pryor's words, “the matters asserted are not relevant to our resolution of this appeal, because ‘we clearly have no authority to overrule a decision of the Supreme Court.”  (See the order here.)  We never asked the 11th Circuit to overrule a Supreme Court decision; we only asked them to follow the words of the Constitution.  But now, according to Judge Pryor, the Constitution is “not relevant” to their decision-making!  This is a dangerous precedent that Judge Pryor is setting.  Practically, it also means that the other justices on the Court will never read our brief and the important arguments we make.

 In response, on June 9, 2005, the Foundation filed a motion for reconsideration of our Selman brief because we believe the 11th Circuit needs to read our brief and rule the right way.  Also, we have asked that Judge Pryor recuse himself from ruling on our motions because of his recent history with Chief Justice Moore and the Foundation.  We will let you know what Judge Pryor and the rest of the Court does next.