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May 27, 2008 Governor Rileys Office Issues Statement on U.S. Supreme Court Ruling MONTGOMERY - Jeff Emerson, communications director for Governor Bob Riley, issued the following statement Tuesday about the U.S. Supreme Courts decision regarding the Alabama governors authority to fill vacancies on the Mobile County Commission: The Supreme Courts decision is a landmark victory not only for the state of Alabama but also for state sovereignty more generally. Governor Riley made the commission appointment because that is precisely what state law, as definitely interpreted by the Alabama Supreme Court, required him to do. In its opinion, the United States Supreme Court emphasized that the challengers position would usher in an impermissible interference with a state supreme courts ability to determine the content of state law. That result, the nations highest court correctly concluded, would be irreconcilable with both common sense and the principles underlying the system of government the Founding Fathers chose when they adopted the Constitution. The U.S. Supreme Courts decision will likely influence the course of another, nearly identical lawsuit currently pending in Jefferson County. In that action, Governor Riley has been sued by a similar group of partisan activists who, as in Mobile County, contend that the appointment of General George Bowman - an African-American retired Army general and son of a Tuskegee Airman - also violated the Voting Rights Act. Todays decision casts serious doubt on the sustainability of that challenge, which the Governor will continue to defend vigorously. There is no question that the Governor has the legal authority and responsibility to fill vacancies on the Mobile County Commission. Now, the Governor will confer with his legal staff to determine the impact this Supreme Court ruling has on the current Mobile County Commission. | |
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