Wednesday, September 9, 2015

Jailhouse Rockhead

Judge David Bunning has released Rowan County Clerk Kim Davis from jail for contempt with the instructions that she no longer interfere with her deputy secretaries in issuing marriage licenses to same-sex couples.

Guess who's bad at instructions?

Just minutes after a judge ordered Kim Davis released from jail on Tuesday, her lawyers told CNN that she would violate a court order by forcing her clerks to stop issuing marriage licenses to same-sex couples.

An order from U.S. District Court Judge David Bunning said on Tuesday that Davis would be released after serving six days in jail on the condition that she “shall not interfere in any way, directly or indirectly, with the efforts of her deputy clerks to issue marriage licenses to all legally eligible couples.”

CNN correspondent Martin Savidge, who was at the jail, explained following the order that her attorney, Harry Mihet, said that the judge had ordered the release because her office had satisfied the court by issuing marriage licenses to same-sex couples while she was behind bars.

“The problem here is that the attorney says she has not changed her mind, that Kim Davis is adamant that as long as her name appears on those marriage licenses, she objects and she will attempt to stop those licenses from being distributed,” Savidge reported. “Which means if she goes back on the job as is expected, she will bring the process to a halt. That’s what her attorneys believe.”

“They have said they expect her to go by her conscience which means we may go through this all again,” the CNN correspondent noted.

If that actually happens, well, we'll find out pretty soon should Davis burst forth from her office like the evil Kool-Aid Man and tackle the next same-sex couple that comes in the door.

Which necessitates the question being asked: if it's so obvious to Davis's lawyers that she'll violate the court order, how did she get released in the first place?

Won't last long, I'm thinking.

Meanwhile both Mike Huckabee and Ted Cruz showed up at the County jail, and Huckabee especially went on with dangerous rhetoric about openly defying the Supreme Court on same-sex marriage.

"We do not want this country to become the smoldering remains of what was once a great republic, where the people rule," the former Arkansas governor told the crowd. That vision of America should not be "exchanged for a place where five unelected lawyers think that they can rule," he said.

"We're here to say, 'No, they cannot,'" Huckabee declared.

Once again, Republican running for President openly saying that Supreme Court rulings he doesn't like are simply invalid.  Somehow, it's  Democrats who are the extremists.  Probably something about Black Lives Matter, I'm sure.

Nodding to the separation of powers and "the genius of our Constitution," Huckabee told Davis supporters on Tuesday that the Supreme Court's power is "limited" and that it "can only review a law." Reasonably true.

But then came his warning that "the founders never gave that one branch of government the power to make a law."

Huckabee added, "That is reserved for the representatives of the people. Our founders were so concerned that they said that should we ever come to the place that we allow a court to run amok of its purpose, then we would be living under what is no less than judicial tyranny."

That's not how it works, the Supreme Court is the final arbiter over what is Constitutional or not, and they have found that laws banning same-sex marriage are unconstitutional.  What Huckabee is proposing, that the Executive Branch can simply ignore the Judicial Branch, is actual tyranny.

And yet, he's still considered a serious candidate for the GOP nomination rather than a dangerous lunatic.

Spoilers: he's not alone in this view, either.

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