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Melof v. James5/28/1999
t. What practical inJustice are the Alabama precedents that include equal protection in the Constitution of 1901 wreaking on our citizens? Justice Houston agrees that Alabama has needed an equal-protection guarantee in our Constitution for the last century, albeit by constitutional amendment. See Moore v. Mobile Infirmary Ass'n, 592 So. 2d 156, 175 (Ala. 1991) (Houston, J., Concurring in the result), and the special concurrence of Houston, J., in the case now before the Court. We would hardly need something that has been wreaking practical inJustice. Do the results of all the cases decided on the ground of an Alabama equal-protection clause need, in turn, to be overruled? Most, and probably all, members of this Court have publicly condemned agenda-based judicial philosophy.
No legitimate mandate exists to violate the doctrine of stare decisis as it applies to the precedents for the inclusion of equal protection in the Constitution of 1901. The absence of such a mandate seems palpable and should be controlling.
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