Here’s David French writing at National Review:
I always enjoy reading Charlie Cooke, even when he’s disagreeing with me. However, I must dissent from my friend and colleague’s disapproval of Kim Davis’s refusal to issue same-sex marriage licenses. If the community — including public officials — meekly acquiesces to the Supreme Court’s lawlessness, then the result will be far more harmful to the rule of law and our constitutional republic than is Davis’s lonely stand.
On a number of occasions, the Supreme Court has used the sword of its unaccountable power to rewrite the Constitution and fundamentally disrupt constitutional processes. Notable examples include, as I’ve pointed out before, Dred Scott and Roe. And then, with the damage done, it has used the shield of the “rule of law” to ensure that its lawless acts are respected and enforced, without exception. The legitimacy of Davis’s protest is inseparable from the illegitimacy of the court opinion that made it necessary. And it is this very illegitimacy that means she should neither resign nor comply. Instead, she has chosen the proper response: resist.
Resignation in response to the Court’s ruling would have represented an unacceptable surrender. Indeed, from the perspective of the ideologues, it would have provided them with a complete victory — with the twin benefit of changing the law and cleansing public service of the devout. Resignations hand over the lever of power to the truly lawless, to those who will engineer social change by any means necessary.
Read more: National Review
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