A Fox News panel – host Gregg Jarrett and his attorney guests, Chip Merlin and Sharon Liko – found some common ground on the legal circumstances surrounding Kim Davis, albeit an unflattering one, coming to the unified conclusion the jailed Kentucky clerk’s attorney was “stunningly obtuse.”
Mat Staver, with the Liberty Counsel, has suggested his client, Davis, should not be jailed because it’s “questionable” the Supreme Court has the legal cause to insist on same-sex marriages in the states. It’s an argument that presidential candidate Mike Huckabee has been making – that the Supreme Court can’t create law, only decipher the constitutionality of existing law, and Congress has not passed legislation that could be construed as requiring her to issue “gay” wedding licenses.
But Jarrett, as well as Liko and Merlin, found that line of logic ridiculous.
“Whether the Supreme Court has constitutional authority?” Jarrett asked, in reference to Staver’s remarks, Mediaite reported. “Article Three, Section Two of the Constitution gives the Supreme Court constitutional authority to decide constitutional issues. Was that a stunningly obtuse statement by her attorney?”
Liko, a criminal defense attorney, agreed.
“That’s a very polite way of putting it,” she said. “I would say it’s just a ridiculously stupid statement. The Supreme Court does just that and they determine constitutionality issues, they resolve these kinds of disputes.”
She also said Davis can always quit her job if she doesn’t want to abide the order and called her a “hypocrite” who’s “applying for the job of a martyr.”
Merlin, a trial attorney, echoed that line of thought, saying Davis shouldn’t be surprised she’s in jail – she should “expect” it because she violated a judge’s order.
“She can still practice her faith,” Jarrett said, Raw Story reported. “Just not on the job in a way that interferes with the legal rights of the citizens she serves. And in fact, the Supreme Court said so nine years ago.”
He also decried those who “pick and choose what laws they like,” saying such scenarios lead to “chaos” and “anarchy.”
Davis is in jail for an unspecified amount of time. Huckabee, meanwhile, has organized a rally for Tuesday in Kentucky to support her constitutional and faith-based stand.