Do you remember the 11th circuit court's decision that removed the 10 commandments monument from the Alabama Supreme Court rotunda? Buried in the decision is a humorous gem, which I have highlighted below:
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
Nos. 02-16708 & 02-16949
D. C. Docket Nos. 01-01268-CV-T-N
01-01269-CV-T-N
STEPHEN R. GLASSROTH,
BEVERLY J. HOWARD,
Plaintiffs-Appellees,
versus
ROY S. MOORE,
Chief Justice of the Alabama Supreme Court,
Defendant-Appellant.
-----------------------------------------------------
MELINDA MADDOX,
Plaintiff-Appellee,
versus
ROY S. MOORE, in his official capacity
as Administrative Head of the Alabama
Judicial System,
Defendant-Appellant.
________________________
Appeals from the United States District Court
for the Middle District of Alabama
_________________________
(July 1, 2003)
Before EDMONDSON, Chief Judge, CARNES, Circuit Judge, and STORY*,
District Judge.
CARNES, Circuit Judge:
[blah blah blah ... to page 17 & 18]
During argument about the cross-motions for summary judgment, and before the view took place, counsel for the Chief Justice contended that summary judgment was improper because the district court needed to view the monument as part of the necessary "inquiry into the facts and circumstances":[T]he issue with regard to how a reasonable person would view the monument would require an examination of what you might call social facts, which would require at least an examination of the monument itself. This is why we believe it’s important for you to go into the rotunda and view that monument and view the setting itself. Unless you see it yourself, and since the reasonable person test is a test that’s supposed to be applied by the judge, it would be difficult for the judge to apply that particular test unless there was an inquiry into the facts and circumstances with regard to this matter.
Rec. Vol. 13 at 43-44. So eager was he to have the district court judge conduct the view "just like a juror would," that counsel for the Chief Justice volunteered his help in arranging parking for the district court judge at the Judicial Building. Any conceivable error was not just invited error, but invited error with a parking space.
I believe this will prove to be the most memorable court decision of 2003. "Invited error with a parking space."
