Settled Law For Liberals Are Laws They Like, Strategy To Defeat Selective Enforcement, Unequal Protection

[From article]
Ever notice that radical leftists never say, "It's the law of the land" when speaking of a national law they fundamentally disagree with?
Barack Obama and the Defense of Marriage Act is a glaring example. DOMA was the law of the land, but Mr. Obama's Justice Department refused to enforce the law, and the Department was the only agency responsible for its enforcement.
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This piece could be filled with examples of President Obama's refusal to uphold the laws of the land (and even to obey direct federal court orders to his administration), but space doesn't permit.
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Gov. Mike Huckabee

Governor Mike Huckabee's response is creative and shocks the automated thinking of jurists. Mr. Huckabee is pointing out that Kim Davis should not have been held in contempt of court because there is currently no law a court could order her to obey. Mr. Huckabee asks the question: under what law does Kim Davis have authority to issue same-sex marriage licenses?
The argument is legally valid. The judiciary's role is to decide individual disputes between parties. The courts, including the U.S. Supreme Court, do not write laws. The legal system sort of operates under the mistaken notion that all High Court rulings somehow automatically become the law of the land.


Kim Davis, freed from jail

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Kentucky law has yet to be changed to redefine marriage and to authorize its local clerks to issue same-sex marriage licenses. Until the Kentucky law is amended, clerks in Kentucky granting such licenses are doing so out of gratuitous deference, not legal obligation. If U.S. District Judge David Bunning were to give this legal reality some honest reflection, he might get the cold sweats, because he wrongly held Ms. Davis in contempt and took away her liberty.
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The United States Code, Section 455, states that "[a]ny justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned." The law continues: "He shall also disqualify himself in the following circumstances: (1) Where he has a personal bias or prejudice concerning a party ..."
Justices Elena Kagan and Ruth Bader Ginsburg had, prior to sitting and voting on the same-sex marriage case (Obergefell v. Hodges, 2015), officiated same-sex marriages.
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If Kagan and Ginsburg had followed the law of the land, same-sex marriage would not be the "law of the land."
The Court's ruling is not valid for that reason alone. State governments may reasonably consider the ruling void ab initio.
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The ongoing abuse of the Commerce Clause and the 14th Amendment to illegitimately expand federal power must end.
Instead of agreeing that same-sex marriage is "the law of the land," conservative candidates might want to remind reporters that 30 states went through the arduous process of amending their constitutions to protect their time-honored definitions of marriage.
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For a few men and women in black robes to nonchalantly overturn the will of the people is unacceptable and unconstitutional. It's not the law of the land; it's an overreach and abuse of power. In other words, as our founders would say, it's federal tyranny.
http://www.americanthinker.com/articles/2015/09/stop_saying_samesex_marriage_is_the_law_of_the_land.html

September 14, 2015
Stop Saying Same-Sex Marriage is the 'Law of the Land'
By Monte Kuligowski