Legal Opinion · Concurrence

Marsh v. Pettway

Supreme Court of Alabama

Decided March 13, 2013No. 1120658PublishedCited by 1 opinion

1ConcurrenceMoore, Chief Justice

I agree with my colleagues that the temporary restraining order entered by the Montgomery Circuit Court should be vacated and that both the underlying case and this appeal should be dismissed. I write specially to explain that the members of the Alabama Legislature and their actions taken in the legislative process are immune from attack and that the judicial branch has no authority to interfere.

I. Separation of Powers

“It is important, likewise, that the habits of thinking in a free Country should inspire caution in those entrusted with its administration, to confine themselves within their…

2Cases cited14 opinions

  1. Tenney v. BrandhoveSupreme Court of the United States · 1951
  2. Kilbourn v. ThompsonSupreme Court of the United States · 1881
  3. United States v. BrewsterSupreme Court of the United States · 1972
  4. Coffin v. CoffinMassachusetts Supreme Judicial Court · 1808
  5. Parker v. AmersonSupreme Court of Alabama · 1987

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3Cited by1 opinion

  1. Pettway v. Del MarshSupreme Court of Alabama · 2013

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