Congress convened a joint session on January 6-7, 2021, to count electoral votes by state and confirm the results of the 2020 presidential election. Moore voted against certifying the electoral votes from Arizona and Pennsylvania. The House rejected both objections by a vote of 121-303 for Arizona and 138-282 for Pennsylvania.

Soon after Moore took the oath of office as Chief Justice of the Alabama Supreme Court in 2000, he ordered the construction and installation of a granite rock featuring the Ten Commandments in the state courthouse rotunda. Federal lawsuit (October 2001) On October 30, 2001, the ACLU, along with Americans United for Separation of Church and State and the Southern Poverty Law Center, filed suit with other groups in the United States District Court for the Middle District of Alabama, asking that the monument be removed because it "sends a message to all who enter the State Judicial Building that the government encourages and endorses the practice of religion in general and Judeo-Christianity in particular." During the unveiling of the monument, Moore said: “ This monument will serve to remind the appellate courts and judges of the circuit and district courts of this state, the members of the bar who appear before them, as well as the people who visit the Alabama Judicial Building, of the truth stated in the preamble of the Alabama Constitution, that in order to establish justice, we must invoke the favor and guidance of Almighty God. ” Moore stated that he would not remove the monument, as doing so would violate his oath of office. Judgment and appeal (November 2002-August 2003) On November 18, 2002, U.S. District Judge Myron Thompson issued a ruling declaring that the monument violated the Establishment Clause of the First Amendment to the United States Constitution and was thus unconstitutional. Judge Thompson's decision mandated that Moore remove the monument from the state judicial building by January 3, 2003, but this order was stayed on December 23, 2002, after Moore appealed the decision to the Eleventh Circuit Court of Appeals. This appeal was argued on June 4, 2003, before a three-judge panel in Atlanta, Georgia. On July 1, 2003, the panel issued a ruling upholding the lower court's decision. In response to the appeals court's decision, Judge Thompson lifted his earlier stay on August 5, 2003, requiring Moore to have the monument removed from public areas of the state judicial building by August 20, 2003. Protests and monument removal (August 2003) On August 20, 2003, the monument was still in place within the building's rotunda. As specified in Judge Thompson's order, the state of Alabama faced fines of $5,000 a day until the monument was removed. In response, the eight other members of the Alabama Supreme Court intervened on August 21, unanimously overruled Moore, and ordered the removal of the monument. The monument was eventually moved to CrossPoint Community Church in Gadsden, Ala. Moore said he had no plans to return the monument to the building. Charges and removal from office (Aug. 2003-Nov. 2003) In August 2003, the Alabama Judicial Inquiry Commission brought six charges against Moore under the Alabama Canons of Judicial Ethics. They were: failure to comply with a court order directed at him; failure to uphold the integrity of the judiciary; failure to avoid impropriety; failure to respect and comply with the law; failure to conduct himself to promote public confidence; and failure to avoid conduct prejudicial to the administration of justice. Moore was suspended pending the trial of the charges. On November 13, 2003, the Alabama Court of the Judiciary voted unanimously to remove Moore from office.

On February 5, 2014, Roy Moore sent letters to the governors of all 50 states, asking them to participate in a constitutional convention to pass a federal ban on gay marriage. A convention like this is allowed under Article V of the U.S. Constitution. According to the Constitution, such an amendment could be made if "ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof." Moore stated, “ The moral foundation of our country is under attack...Government has become oppressive and judges are warping the law." ” He further explained that he didn't think Congress would pass such a ban on gay marriage, so it was up to a convention to do it. Susan Watson, executive director of the Alabama American Civil Liberties Union, argued that Moore was "chronically imposing his beliefs on others." Supporters started a website in support of Moore called IStandWithJudgeMoore.com, advancing his constitutional convention idea, but as of January 2016 the website was inoperative.