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Mike Huckabee: Gay marriage is still ‘illegal’ because the Supreme Court ruling was too confusing

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Mike Huckabee (ABC News)

It’s starting to seem like Mike Huckabee doesn’t really understand the Constitution.

The Republican presidential candidate argued earlier this week that the infamous 1857 Dred Scott decision remained “the law of the land” — although the 14th Amendment overturned that ruling a little more than a decade later.

Huckabee made another staggering claim about the judicial branch Thursday during a discussion about defiant Kentucky clerk Kim Davis with the Family Research Council’s Tony Perkins.

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“The governor can fix this very simply by simply saying he’ll change the form,” Huckabee said. “Now the question is, does he have the authority to do that? And if so, under what authority?”

According to Kentucky Gov. Steve Beshear’s attorney, the legislature must vote on the composition of marriage licenses — although the governor did issue an executive order following the U.S. Supreme Court ruling on marriage equality to remove gender-specific language to comply with the law.

“This is where this all gets very confusing, and it’s why the haste to rush into implementing same-sex marriage is so ridiculous,” Huckabee said. “Frankly, Tony, it’s why it’s so illegal, is because this has left the whole country in a state of ambiguity and confusion.”

Huckabee pointed to a Tennessee judge who refused to grant a divorce to a straight couple, saying that conservative jurist’s deliberate protest of the Obergefell decision showed the world had gone topsy-turvy.

The former Arkansas governor then argued that Davis, who succeeded her mother as Rowan County clerk in January, was not obligated to follow laws that went into effect after she took office.

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In fact, Huckabee argued, she could face potential felony charges if she “arbitrarily” changed the wording on marriage licenses issued by her office.

“When she was elected to that position, she was operating under the Kentucky constitution that expressly says that marriage is between a man and a woman,” Huckabee argued. “So that’s what she was elected on, that is the job she is doing, and there is a specific statute in Kentucky law that if she just arbitrarily changes the wording of the marriage license, that’s a felony.”

The GOP candidate is technically correct that Davis is not authorized to alter marriage licenses, but she has been directed by the governor, state attorney general and several judges to issue marriage licenses to same-sex couples — but she refuses to do so.

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“So here’s the question: Which law does she follow?” Huckabee pondered. “The ambiguous and unconstitutional judicial tyranny ruling of the Supreme Court that has not yet been codified? Or does she follow the specific constitutional and statutory requirements under Kentucky law, under which she was elected?”

U.S. District Court Judge David Bunning, who has authority over the case after the U.S. Supreme Court declined to hear Davis’ appeal, has already answered Huckabee’s questions and even jailed the county clerk after she refused his offer to issue the licenses or step down from her elected position.

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“I just really am disappointed that some of the people think the way to handle this is just have public officials resign their jobs, because they’re going to go ahead and surrender to what Jefferson called judicial tyranny,” Huckabee said.


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2020 Election

Trump officials could face criminal charges for USPS sabotage — and the president may not be able to pardon them

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Members of the Trump administration could face legal jeopardy over efforts to sabotage U.S. Postal Service operations to interfere with the 2020 presidential elections.

"Rep. Bill Pascrell, Jr. (D-NJ) made a criminal referral to the New Jersey Attorney General on Friday night, asking him to impanel a grand jury to look at possible breach of state election laws by President Trump, Postmaster General Louis DeJoy and others for 'their accelerating arson of the post office,' he said. Alarming headlines have emerged in recent days as many states prepare to facilitate widespread mail balloting due to the coronavirus pandemic. President Trump openly admitted he was withholding federal aid from the postal service to prevent mail-in voting, and USPS has notified 46 states and D.C. that it will struggle to deliver some mail ballots on time," The Daily Beast reported Friday.

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Maddow reveals how one state stood up to Trump’s USPS cuts — and won

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MSNBC anchor Rachel Maddow's opening segment on Friday focused on a positive story of political pressure stopping one of the Trump administration's attacks on the U.S. Postal Service.

Maddow reported how NBC Montana reporter Maritsa Georgiou had doggedly reported on the removal of postal boxes in Missoula, where she is based. Missoula has been a long-time Democratic Party stronghold.

Montana has a competitive U.S. Senate election in 2020, with Democratic Gov. Steve Bullock challenging first-term Republican Sen. Steve Daines.

As Georgiou chased the story, she learned there were also plans to remove boxes in the battleground of Billings. And more planned for the blue town of Bozeman. And other towns.

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2020 Election

Pepsi joins the chorus of people dunking on Tucker Carlson over Kamala Harris

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The Pepsi soda company mocked Fox News personality Tucker Carlson on Friday evening.

On Tuesday, Carlson flipped out after a guest attempted to teach him how to pronounce the name of Sen. Kamala Harris (D-CA), who is running for vice president on Joe Biden's ticket.

Video of the exchange was posted on Twitter by Nikki McCann Ramirez, a researcher at the watchdog group Media Matters for America.

Tucker Carlson loses it when a guest corrects his pronunciation of Kamala Harris's name pic.twitter.com/1fHIrPGuwN

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