Cooper Redux? (Re: Marshall & Upholding Federal Statutes)

[Parry, John]

With all of this discussion of the difference between nullifying a statute and refusing to give effect to it, I wonder how list members analyze Alabama Chief Justice Moore's announcement that he will not obey a federal court order requiring removal of a ten commandments monument?  The federal courts have engaged in judicial review (of an essentially administrative order or regulation, not a statute) but are unable to "nullify" Judge Moore's conduct on their own.  (Anyone expect President Bush to offer assistance?)     John T. Parry Associate Professor of Law University of Pittsburgh School of Law 3900 Forbes Avenue Pittsburgh, PA 15260 412-648-7006