Thursday, September 10, 2015
A question for conservatives who think Kim Davis should "follow the law" or resign
A number of conservatives have said that they think Rowan County Clerk Kim Davis should either "follow the law" or resign her position. The "rule of law," they say, is all-important and cannot be defied without threatening our very form of government.
So, here is my question:
I just find it ironic that their standards for the behavior of public officials is higher for a lowly county clerk than it is for an exalted member of the nation's highest court.
And let's not say that the Court has the right and responsibility to "interpret the Constitution." That dog most definitely won't hunt, since there is a legitimate distinction between interpretation and policy-making and the Court has defied as egregiously as it possible to defy it, and the argument that the Court has the right to do this on the basis of Marbury vs. Madison basically amounts to saying that the Supreme Court can do what the Supreme Court wants to do because it says so.