Circuit Judge Tom Young gave the plaintiffs 14 days to ask the Alabama Supreme Court to reconsider its ruling. Friday's decision from the high court that lifted the order and sent the case back to Judge Young was a unanimous decision.
The 14 day extension expires on August 13th.
Jeff Emerson, Communications Director for Governor Bob Riley, said in a statement Thursday that "Judge Young's ruling today amounts to nothing more than a temper tantrum."
Emerson says the Supreme Court's unanimous ruling spelled out how Judge Young was "absolutely wrong when he prevented the Task Force from enforcing the law in Macon County." Emerson said, "It is ridiculous that a local judge continues to defy our state's highest court. In order for the law to apply equally to everyone in all 67 counties, this nonsense has got to stop."
READ THE ORDER
This matter came before the Court on Defendant's Emergency Motion to Dissolve Preliminary Injunction or to Stay Preliminary Injunction Pending Appeal and responses filed by the Plaintiffs and the Court having considered the same, finds as follows:
Although this Court is shocked and alarmed at the ramification of the Appellate Opinion issued on July 30, 2010, it is constitutionally bound to implement their decision. However, this Court would be remiss if it did not express its concerns of the slippery slope created by this Supreme Court Order, wherein any Governor is given unfettered power to usurp the authority of a constitutional officer duly elected by the citizens when said Governor simply disagrees with the lawful methodology of that officer in performing his or her duties. This Court finds no provision in our Constitution which intends to create a czar. This Court also remains mindful of its duty to protect the rights of the citizens who have duly elected these officials to represent them and to enforce the laws of this State.
As it took the Supreme Court four (4) months and a forty-six (46) page opinion to declare this Court's ruling incorrect, this Court finds no compelling reason, based on the briefs and argument of counsel, which tend to be a re-hash of rhetoric offered during previous hearings, to expedite the time allowed by the Alabama Rules of Appellate Procedure, allowing the Plaintiffs fourteen (14) days to file for a re-hearing. Hence, the Defendant's Emergency Motion to Dissolve Preliminary Injunction or to Stay Preliminary Injunction Pending Appeal is hereby Denied.
SIGNED this 5th day of August, 2010.
Tom F. Young, Jr. TOM F. YOUNG, JR. Circuit Judge