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originally posted by: ketsuko
Again, we can go back to the fact, and it is fact no matter how much you may not like it, that she was sworn to uphold a different set of laws.
"I do solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States and the Constitution of this Commonwealth, and be faithful and true to the Commonwealth of Kentucky so long as I continue a citizen thereof, and that I will faithfully execute, to the best of my ability, the office of ——————— according to law; and I do further solemnly swear (or affirm) that since the adoption of the present Constitution, I, being a citizen of this State, have not fought a duel with deadly weapons within this State nor out of it, nor have I sent or accepted a challenge to fight a duel with deadly weapons, nor have I acted as second in carrying a challenge, nor aided or assisted any person thus offending, so help me God."
All the SCOTUS can do is strike down part of the law as invalid.
They do not have the power to rewrite law. So Kentucky and many other states are in legal limbo until legislatures act.