Judge Napolitano: Kim Davis Saga Is "A Campaign Display," She Has No Legal Standing


Judge Napolitano and Shep Smith discuss Mike Huckabee's "ridiculous" opinion about the Consitution and Kim Davis, the Kentucky marriage clerk defying the Supreme Court.

Huckabee argued yesterday on Fox News that the Supreme Court has no standing in this case, which is "absurd and obscene," according to anchor Shep Smith.

"That is an argument that was resolved 230 years ago," explains Napolitano. "There is no acceptable disupte to the trueism that the Supreme Court has the final say on the meaning of the Constitution, whether you agree with it or not...

[Her attorney] asking for an accomodation between her religious beliefs and the fundamental right of same sex couples to get married in that county, they found the accomodation, she doesn't have to deal with them, and the deputy clerks can issue those applications... but if he wants to relitigate the issue of whether or not a local county clerk can defy the Supreme Court... he is going to lose and she is going to lose. That issue has already been resolved."

Smith responds: "But we'll be able to have a fine campaign moment and more of a divisive display here"

"I think you're right," says Judge Napolitano. "It will be a campaign display."

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