A thread previously on Storify
Justice Scalia explains why Kim Davis should issue marriage licenses to same-sex couples or find a new job https://t.co/qhHRugHcpA @VolokhC
— Jonathan H. Adler (@jadler1969) September 2, 2015
Scalia is right, but of course liberals berated him when he said this. https://t.co/oxQwFEnFKf
— Dan McLaughlin (@baseballcrank) September 2, 2015
There's always a right, even a duty, to civil disobedience, but with it comes the duty to take the consequences.
— Dan McLaughlin (@baseballcrank) September 2, 2015
1. Such sympathy as you find on the Right for Kim Davis derives directly from the brazen lawlessness of Obergefell itself.
— Dan McLaughlin (@baseballcrank) September 3, 2015
2. The moral legitimacy of law, in the American tradition, depends heavily on its connection to the consent of the governed.
— Dan McLaughlin (@baseballcrank) September 3, 2015
3. The majority in Obergefell put scarcely any effort into even pretending We the People had given them legitimate authority to decide this.
— Dan McLaughlin (@baseballcrank) September 3, 2015
4. As Scalia says, the people are not fools. When they see the Court & President treat law & popular consent with contempt, they reciprocate
— Dan McLaughlin (@baseballcrank) September 3, 2015
5. The voters have caught on to the fact that if a subsection of the legal profession really wants something, it will just seize it.
— Dan McLaughlin (@baseballcrank) September 3, 2015
If elected Democrat Kim Davis was doing this to the death penalty, drug or immigration laws, or voter ID laws, they'd hail her as a hero.
— Dan McLaughlin (@baseballcrank) September 2, 2015
6. This is why you get people like Trump & Sanders – the voters want a way to treat elites with the same contempt they are treated.
— Dan McLaughlin (@baseballcrank) September 3, 2015
7. What Kim Davis is doing is illegitimate. But that's the point. Nobody cared the slightest about legitimacy in putting her to this test.
— Dan McLaughlin (@baseballcrank) September 3, 2015
8. A government that treats the values of all as worthy of respect & resolves disputes democratically defuse these problems.
— Dan McLaughlin (@baseballcrank) September 3, 2015
9. Trump will fade. But what fuels Trumpism, Tea Party, Occupy, #BLM, etc. will not fade if elites don't get the message.
— Dan McLaughlin (@baseballcrank) September 3, 2015
This is the dilemma for people like me who don't *want* to blow up the whole system. https://t.co/24Q9FyjFVW
— Dan McLaughlin (@baseballcrank) September 3, 2015
14. The debate over whether we are legitimizing lawlessness goes back to Roe (has roots older than that).
— Dan McLaughlin (@baseballcrank) September 3, 2015
10. Procedural complaints in politics seem sterile, but they're cumulative. Eventually people figure out it's a racket & they've been had.
— Dan McLaughlin (@baseballcrank) September 3, 2015
11. That's how we ended up with a Revolution led by highly conservative subjects of a monarchy. Let's not be as blind as George III.
— Dan McLaughlin (@baseballcrank) September 3, 2015
12. As Ben Franklin said, we have a republic. If we can keep it.
— Dan McLaughlin (@baseballcrank) September 3, 2015