Huckabee Thinks Dred Scott is Still the Law


Mike Huckabee has said some truly stupid things in this Kim Davis situation, especially about constitutional law, but this one takes pretty much any cake you'd like to bake. In an interview with Michael Medved, he actually claimed that the Supreme Cour's Dred Scott decision "still remains to this day the law of the land." I'm just...I don't...I can't. Seriously, were you sick the day they mentioned the fucking civil war in school? … [Read more...]

Ridiculous Creationist Lawsuit Dismissed

Church and State

Earlier this year, a crackpot in West Virginia filed a federal lawsuit against the Jefferson County Board of Education, the state government and the federal government, claiming that the teaching of evolution in that school system was harming his daughter's ability to get into college. Oh, and that he can prove mathematically that evolution is a religion, not a science. The judge, shockingly, dismissed the case. … [Read more...]

The Historical Ignorance Behind the Dred Scott Comparisons


You hear a lot of wingnuts these days invoking the memory of Abraham Lincoln and comparing the Supreme Court's same-sex marriage ruling to the Dred Scott ruling. Mike Huckabee, in particular, is fond of this argument, claiming that Lincoln rightly ignored that ruling because it was unjust and Kim Davis is also rightly ignoring the Obergefell ruling because it, too, is unjust. He's wrong on every single part of this. Here he is making this argument recently: … [Read more...]

Starnes Upset that Bunning is Not a Theocrat


Todd Starnes, Fox News' professional hysteric, is very upset that Judge David Bunning doesn't think that his personal religious views should determine public policy or overturn the rule of law. He can't believe that Bunning would rule against the views of the Catholic Church to which he belongs, or that he would enforce a Supreme Court ruling that he disagrees with rather than pretend that it doesn't exist. … [Read more...]

David Barton: Wrong as Always


Professional liar David Barton is making yet another monumentally idiotic argument against the jailing of Kim Davis. Warren Throckmorton flagged this one, which I'd missed. His argument is that because Judge Bunning ordered the U.S. Marshals to take Davis into custody to enforce his contempt order, he violated the Constitution's separation of powers because they're part of the executive branch: … [Read more...]

Gohmert Threatens (Promises?) to Leave Office if Iran Deal Goes Through


It looks like the Iran deal is pretty much assured because the Senate Republicans couldn't get enough votes to override a veto, but Rep. Louis Gohmert seems to be trying to make absolutely sure that it does by threatening -- err, promising -- to leave office if Congress doesn't stop the agreement from becoming a reality. Thank you, Mr. Gohmert, for giving us another reason to support the deal! … [Read more...]

Con Law Prof Highlights Absurdity of Huckabee’s Argument


Brendan Beery, a friend who teaches constitutional law, takes a look at Mike Huckabee's argument that government officials only have to follow laws that are passed by legislatures. It's a profoundly ridiculous argument that reveals how deeply ignorant Mike Huckabee is (yes, I know I could just stop right there) about constitutional law. First, he lays out what Huckabee's argument actually is: … [Read more...]

Conservative 10th Circuit Judges Call for En Banc Rehearing in Contraceptive Mandate Case


You remember the lawsuit filed by the Little Sisters of the Poor against the Obama administration because they don't think the secondary accommodation that gives them an exemption from the ACA's contraception mandate is good enough. A 10th Circuit Court of Appeals panel rejected their suit by a 3-0 vote and they decided not to ask for an en banc rehearing, but several conservative judges on the court called for their own vote. … [Read more...]

Staver Tells Lies Trying to Defend Kim Davis


Mat Staver, the dumbest lawyer in America not named Larry Klayman and the head of Liberty Counsel, which is representing Rowan County Clerk Kim Davis, went on Chris Hayes' show and was actually asked some difficult questions. Faced with a total inability to answer those questions, he simply resorted to lying. For instance, when asked if a clerk could deny a marriage license to an interracial couple: … [Read more...]

Will Kim Davis Remain Intransigent Facing Fines and Jail?


[UPDATED]As of yesterday, the temporary stay that Judge David Bunning placed on his injunction ordering Rowan County Clerk Kim Davis to issue marriage licenses to same-sex couples is expired. There are several same-sex couples planning to go into her office and apply for those licenses on Tuesday, and if she continues to refuse them, she will almost certainly face contempt of court charges from Judge Bunning. … [Read more...]

Barber Babbles About Judicial Review


Matt Barber of Liberty Counsel and BarbWire has his weekly column at the Worldnetdaily and it's pretty much the usual diatribe about the evils of judicial review. He makes the argument that the Supreme Court's opinions are advisory only and that neither the president nor Congress is required to follow them. He does this by quoting newspapers reacting to the Dred Scott decision as though it had anything to do with anything. … [Read more...]

County Attorney Files Misconduct Charges Against Kim Davis


New developments on Friday in the case of Kim Davis, the Rowan County clerk who refuses to issue marriage licenses to gay couples. First, she asked Judge Bunning to extend his stay so she could ask the Supreme Court for a more permanent one. He refused. But the more interesting development is that Rowan County attorney referred her to the state attorney general's office asking that official misconduct charges be filed against her. … [Read more...]