Even Fox News Can't Defend 'Ridiculously Stupid' Argument From Kim Davis' Lawyer

An attorney for the jailed county clerk isn't sure the Supreme Court can rule on the Constitution.

The arguments from the lawyer defending Kim Davis, the Kentucky clerk who refuses to issue marriage licenses to same-sex couples, are so inane, even Fox News can't defend them.

As Davis sits in jail for refusing to obey court orders to issue marriage licenses -- or let anyone else do so in her stead -- Mat Staver, her lawyer, has continued to advance a string of bogus explanations for why she shouldn’t be required to do her job.

On Monday, Fox News host Gregg Jarrett and guests Sharon Liko and Chip Merlin zeroed in on one in particular: The Supreme Court doesn’t have the authority to legalize same-sex marriage. Staver questioned whether the Supreme Court really could decide to legalize the unions.

Anyone who’s gone through social studies in elementary school knows the Supreme Court is the ultimate arbiter of the Constitution. Alas, Davis and her attorney think that role belongs to them.

“Whether the Supreme Court has constitutional authority?” Jarrett asked. “Article III Section 2 of the Constitution gives the Supreme Court constitutional authority to decide constitutional issues. Was that a stunningly obtuse statement by her attorney?”

“That’s a very polite way of putting it,” Liko replied. “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.”

Gabriel Arana is senior media editor at The Huffington Post.

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