Huckabee and the Law

Standard

Huffington Post Headline: “Mike Huckabee On Kim Davis: Obey The Law Only ‘If It’s Right'”
(The GOP presidential hopeful wants citizens to disobey the Supreme Court ruling.)

Mike (God is my Vice President) Huckabee, already out of the running for president, except in the eyes of the most other-worldly Evangelicals), has now effectively trashed his credibility as a presidential candidate.

“Only if it’s right,” Huck? In whose eyes?

There are many thousands of American’s who still think that, in spite of existing laws, openly selling highly-addictive drugs to all who want them is ‘right.’ Should they just go ahead and do their thing? Go ahead and break the law because they don’t think it’s ‘RIGHT?’

Of course not; and I know Huck would agree with me on that because that could not, even in a Disney movie, be depicted as a victimless crime. But neither is the crime that Huck is so readily encouraging his minions to commit, a victimless crime; the crime of taking away the legal rights of tens-of-thousands of gay Americans because HE and his church disagree with their lifestyle.

For everyone, except those with their eyes firmly closed, it’s obvious that the “Free Exercise Clause” of the First Amendment was being misinterpreted as permission to mess with the lives and Constitutional rights of those who fall outside of “accepted religious belief and ritual.”

When Justice Kennedy’s majority opinion was written into law, the Supreme Court was recognizing and responding to the fact that the clear majority of states (37 out of 50) had already legalized gay marriage; but it’s pure folly to hope that the religious far Right will ever agree with the clear (and growing) majority on the subject of religion.

Speaking of the Religious Far Right: Justice Scalia, in the meantime, is bouncing off the walls. Scalia’s dissenting opinion is a scathing attack; surprisingly not attacking the majority opinion itself, but attacking the right of the Supreme Court to write that or any opinion into law.

Following is an excerpt from “The Big Think” titled: “Scalia’s Dissent in the Gay Marriage Ruling is a Dangerous Attack on American Democracy Itself:”

“(Scalia) is rejecting the very right of the Supreme Court on which he sits to adjudicate disputes where the answer requires interpretation of the Constitution, (which is of course precisely what the court did when it interpreted the Second Amendment to enshrine the personal right to own guns, an opinion Scalia wrote), a role that has proven to be a corner stone of American democracy. Because he is upset by this ruling (legalizing gay marriage), Justice Scalia directly rejects the authority of the court itself.”

This is the equivalent of a judicial nervous breakdown, as is illustrated by this excerpt directly from Scalia’s minority opinion:

“… the Federal Judiciary, which consists of only nine men and women, all of them successful lawyers, is hardly a cross-section of America. Take, for example, this court, which consist of only nine men and women, successful lawyers who studied at Harvard or Yale law school. Four of the nine are natives of New York City. Eight of them grew up in east- and west-coast States. Only one hails from the vast expanse in-between. Not a single Southwesterner or even, to tell the truth, a genuine Westerner. (California does not count.) Not a single Evangelical Christian (a group that comprises about one quarter of Americans) or even a Protestant of any denomination. … To allow the policy question of same-sex marriage to be considered and resolved by a select, patrician, highly unrepresentative panel of nine is to violate a principle even more fundamental than no taxation without representation: no social transformation without representation.”

How about that as an example of allowing personal opinion to trash the rights of others and even the right of the Supreme Court to exist.

That said, I can’t help but agree with his unstated accusations that 1) The concept of Supreme Court Justice For LIFE is one that needs a closer look and 2) The Supreme Court inserting itself into the question of marriage is ludicrous.

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