Posted by 
The Alabama Supreme Court ruled today (.pdf) that Attorney General Troy King has no authority over Governor Bob Riley’s Task Force on Illegal Gambling.
In so doing, the Court answered two questions:
- Can the governor authorize legal and law-enforcement action without the approval of the attorney general or local district attorneys? (yes)
- Does the attorney general have the right to assume control of legal and law-enforcement actions initiated by the governor? (no)
But here’s how the Court worded it:
…we hold that the actions of the attorneys and other officers authorized by Governor Riley to act in this case are not “nullities,” despite the lack of approval by the Attorney General and the District Attorney, and that the Attorney General may not take over or countermand the litigation efforts of those officers in either the trial court or in this Court. The counsel authorized by the Governor have the right to represent the State in this case and to see it through to completion.
That’s a major win for Riley, and for the office of governor in Alabama:
Our decision today in consistent with the fundamental but simple notion that “there is a constitutional hierarchy within the executive branch and one office — the Governor — is at its top.” The “supreme executive power” is more than a “mere verbal adornment” of the office of Governor.
This case stemmed from the raid on White Hall Entertainment Center in March, 2009, but the Supreme Court only considers questions of law. The substance of any lawsuit in Lowndes County over White Hall and the legality or illegality of its electronic gaming machines will be decided there.
UPDATED 6:40pm for an attempt at clarity and to ad links to opinion and the al.com story.
Related Articles:
Great…now we can hear Mark Montiel drone on and on and on about this on the radio. He’ll never get over the smackdown he got from King in the 2006 primary.
@Tabitha: The timing is very suspect to me, too. But then again, everything Riley, Inc. does is suspect. Alabama should appoint its Supreme Court the same way its done in the federal system.
Between 1993 and 2006, candidates for Alabama’s top state court posts spent more than $48 million – more than any other state. (http://huntsville.injuryboard.com/miscellaneous/outrageous-spending-in-alabama-judicial-races.aspx?googleid=240710)
This makes our judiciary very susceptible to corruption. But since our governor’s office and legislature are already corrupt, the court may as well join in the fun.
It’s kind of funny, Anon, the Democrats never complained about the way we elect judges while they held most (really all) of the judicial seats.
Mr. Conservative,
I certainly hope you’re not insinuating that I am a Democrat. But then again, I suppose I would hate to be called a blue-blood Republican just as badly. Now I understand why so many Alabamians classify themselves as Independents. The Republican Party in Alabama is really no different than the Democrat Party. Conservatives don’t propose billion dollar tax increases, co-mingle taxpayer funds in enterprises that have classically been the domain of the private sector, take money from Indian casino bosses in Mississippi, let ethics reform bills die on their desk because they may have to reveal how much money their children made off their father’s office, etc…
Although I abhor federal intrusion into the states, I sincerely hope that the FBI uncovers and prosecutes the corruption in both parties. Alabama deserves leadership that can get our state ranked highly in something other than a “Most Corrupt States” list.
Believe it or not, I consider myself an independent conservative (with streaks of libertarianism thrown in). I also opposed Amendment One BIG-TIME. I agree–if Republicans are involved in taking gambling bribes–they should go. I would oppose anyone candidates taking gambling money from any source and want ethics reform (including banning Pac-to-Pac transfers).
But, I think changing election of judges to appointment would not be a positive change. I don’t think it would take the money out of politics–just move it around (i.e., to the appointing officer or entity)
I don’t know your registration, Anon, but I do know that appointment of judges (or running on non-partisan ballots) is a favorite talking point of Democrats (i.e., trial lawyers).
Don’t you agree that there is something inherently wrong with Alabama spending more than any other state in the country on judicial elections? As bad as I hate it, I suppose I will have to agree with the Democrats on this one. *sigh* Something has to be done with Alabama’s judiciary system to clean it up. It seems like discrepancies in rulings that should be black and white, i.e. denial of Macon Co. search warrant for task force, highlight glaring problems within our legal system.
Whoa there Anon!
I’m going to have to strongly disgree with your assertion the republican party is no different from the democratic party in Alabama. I can point to several, distinct differences between the two.
For one, the democratic party is trying to govern responsibly and inclusively, while the republican party is debating if the Civil Rights Act of 1964 should be repealed.
Speaking of Civil Rights, the republican party is 98% white, male, affluent, Christians, whereas, the democratic party looks like America, meaning is it comprised of African Americans, Native Americans, Hispanic Americans, Japanese Americans, White Americans, women, protestants, Catholics, Jews, Gentile,Atheist, rich and poor people.
The democratic party puts the interest of people over the interest of corporations.
The democratic party believes everyone should pay their fair share of taxes because we are aware it takes taxes to run our government.
The democratic party believes in government of the people, by the people, for the people because the opposite of government is anarchy/dictatorship and chaos.
You say you abhor federal instrusion into states rights, but I wonder if you feel that way when natural disasters like hurricanes, tornados, fires and oil spills impact the state? That government intrusion looks pretty good when your city/town/county has been destroyed or when your mail arrives in your mailbox every morning. Not to mention the subject of this tread is the Supreme Court ruling search warrants are no longer needed and a state constitution that prohibits taxpayers from spending their own money to play Bingo if they so choose. You can’t have it both ways.
The republican party wants to tell women what they can or cannot do with their reproductive systems.
The republican party doesn’t believe our gay and lesiban sisters and brothers deserve to have equal rights and human rights.
The republican party is anti public school and anti labor.
The republican party wants to tell people who they can or cannot marry, who they can or cannot have sex with, who to worship , how to live and how to die, what should be contained in textbooks, how to spend their own money, yet they claim to ‘abhor government intrustion”?
Republicans are against what ever the democrats are for just because. I am not ashamed to admit I agree with your assertion we need to take the money out of the judicial system because it’s the right (pun intended) thing to do. Justice should be blind and not bought and paid for. Democrats are willing to put the interest of the people before the interest of our party, I can’t say the same for the republican party.
Are there corrupt democrats and republicans? You betcha.
Do they represent the majority of democrats and republicans? Not hardly.
What do liberterains stand for/against?
Princeliberty – What kind of time could King buying? Do you think the next governor will just disband the task force and everyone will just ignor this issue? Seems to me that the casino guys would be better gamblers than to bet on Troy King’s stalling tactics.
King’s reaction was that he was going to read the opinion over the weekend. Given how hard he got slapped down, it’s as if he was completely surprised by the ruling. Doesn’t look like the Strange folks expected this either. I see someone posted a link from big ole Luther’s site in the Koz poll post – looks like they are ready to hit King on using consultants from Matrix, but nothing about the Bingo decision. If you don’t want to jump over there, here’s the link: http://www.lutherstrange.com/dems-for-troy-draft
But hey, Langford and his buddies didn’t think they’d get caught either. Maybe these guys are just too far inside their own bubble to realize that nobody is buying the it’s just charity bingo anymore.
I actually meant there is no difference between the parties on a state level. But the more I think about it, there ain’t a whole lot of difference at the federal level either.
I’m anti federal government getting involved in anything not specifically enumerated in the US Constitution. I think if Congress is going to send our men and women off to war, they should have the cajones to declare war – not vote on a resolution. I think the 16th Amendment should be repealed and the IRS abolished. I think that if a tank is produced in Alabama and I can afford it, then I should be able to own it. I think a fiat system of currency has ruined our economy. I think that Senators should be appointed – not elected (repeal 17th Amendment). I think I am smart enough to decide how I should spend my money and if I want to p*ss it away in a gambling hall that it’s my business. I think education decisions are best made locally – not in Montgomery or Washington, DC. I think the money spent in the “War on Drugs” might as well have been set on fire for all of the good it has done. I think that since even God only asks for 10%, the taxes I pay are unreasonable and the Progressive tax system is a complete failure. I think I should be able to ride in my car without a seat belt if I choose. I think Arizona is perfectly within its right to require proof of citizenship. I believe in the sanctity of life and abortion is just as much a murder as the thug that kills the gas station attendant for $50. I believe in spanking my children because I love them – not because I want to hurt them. I believe in an eye for an eye, a tooth for a tooth and a life for a life. I believe that marriage is between a man and a woman but the Defense of Marriage Act is unconstitutional – no government has the right to legislate morality. I believe the United States is a Constitutional Republic – not a democracy. I believe the Democrat and Republican Parties and their policies have done more to damage the civil liberties of black Americans than anything white America collectively has ever done. I believe in the sovereign right of the states over the federal government. I believe that my rights and your rights trump the right of the collective and should be protected at all costs. I believe in free market capitalism. I believe the alphabet soup of unconstitutional federal agencies should be abolished and policy-making returned to the legislature and taken out of the hands of government bureaucrats. I believe in responsibility and consequences because I alone am morally responsible for everything I do.
I’ve got news for you, the Republicans and Democrats are pro-corporate interests. Bailout, stimulus, Omnibus bill…it is all the same. Obama=Communist; Bush=Fascist; Obama+Bush=Evil Incarnate
I can take care of myself just fine if there is a natural disaster. That is what responsible adults do – they prepare. However, I do find it hypocritical that the party that believes in evolution, abortion and euthanasia is so unwilling to allow natural selection to take place.
Troy King posted his statement on the AG’s website a few hours ago. Looks like he’s throwing in the towel: http://www.ago.state.al.us/news_template.cfm?Item=1357
What I find funny (or sad) is how he’s changed his tune about who should decide whether electronic bingo is legal or not.
Here’s what he said today: “My position from the very beginning has been that the Court should determine the legality of electronic bingo”
Here’s what he said back in January: “People should be allowed to vote. This issue should be settled once and for all. We are going to have a vote in Alabama. There is no question about that. The question is who are we going to let vote? The governor and others believe that we should let 9 members of the Supreme Court tell people who should vote. I believe we ought to let the 4 million people who live in this State, and pay taxes, and who own this government, vote.”
I guess if he had any principles, it would be easier for him to remember them.
Looks like the editorial boards are ruling against King today too:
Birmingham News: http://blog.al.com/birmingham-news-commentary/2010/05/our_view_luther_strange_is_by.html
Opelika-Auburn News: http://www2.oanow.com/oan/news/opinion/editorials/article/editorial_time_for_a_change_in_attorney_generals_office/155567/
Anon, fair question, but I am pretty much a purist when it comes to free speech, especially political free speech. Money in elections buys free speech. I think anyone should be allowed to spend (and take) as much as they want to–as long as it is reported fairly and openly (i.e., not hidden in PAC-to-PAC transfers).
When you have one guy running who has the power to appoint judges, the money may be more concentrated and tempting than when spread out over 15 or 20 races (state-wide appellant court justices/judges).
I don’t know if anyone (even Democrats) favor making local judgeships appointed but I could be wrong, and that’s not to say it’s not a good idea, I just haven’t heard that suggestion.
You seem like a stand-up guy, Anon.
This decision was a forgone conclusion given the incompetent legal analysis and/or corruption of Troy King. After I read his legal “opinion” of the Houston County Bingo Amendment it was clear as day the man 1) couldn’t read or 2)was the worse lawyer ever or 3)was paid off. His opinion was the only the thing used by Chairman Culver, etc. to justify the slot machines and trick financial deals in Country Crossing. I suspect before it is all over with we will see significant numbers of elected officials in jail (county commissioners, local judges, D.A.s and legislators).
The icing on the cake will be seeing King, Gilley, McGregor and whoever else doing the perp walk. “You can be a winner too!”
well, i guess this stripping of kings power kinda exhausts things at the state level…lol…stay tuned cause it sho ain’t over… : )
Anon,
You want to repeal the 16th amendment (abolish the IRS) and the 17th amendment (Senators appointed not elected), I want to repeal the 2nd amendment so that only law enforcement and the military can bear arms. Rand Paul wants to repeal the Civil Rights Act of 1964 and bring back Jim Crow. The point I’m trying to make is once you start going down the slippery slope of repealing amendments to the constitution you have the makings of a big old snowball heading downhill.
I’m curious to know how you expect our government and our country to run without taxes? I’m curious to know who is going to collect taxes if the IRS is abolished?
You believe in the sovereing rights of states over the federal government? We are not red states and blue states we are the UNITED STATES. We don’t send soldiers from the state of Alabama to fight and die in Iraq and Afghanistan, we send soldiers from the UNITED STATES of America. The civil war is over. The south lost. The union was perserved. Remember?
You can take care of yourself just fine in a natural disaster, but what about those people who can’t take care of themselves?
[...] got bitch-slapped by the Alabama Supreme Court. The Alabama Supreme Court ruled today (.pdf) that Attorney General Troy King has no authority over [...]
http://www2.dothaneagle.com/dea/news/opinion/editorials/article/editorial_riley_scores_again_in_bingo_standoff/155874/
Redeye,
I am going to call BS on your stats. Albeit a predominantly “white” political party according to certain cable news shows. The truth of the matter is that both parties are fairly diverse. By all means come to Baldwin County, voted one of the most Republican friendly counties in the U.S., and see if the group is as you described. Their group is equally men and women, of various racial make up… but actual instances that prove your broad statement incorrect couldn’t possibly exist… but then again unlike you, I’m not generalizing an issue.