It is well established that SCOTUS has the power to decide a law is invalid, thus unenforceable and void.
I agree that Davis is the only one following the law.
SCOTUS, for all practical purposes (exact legal reasoning escapes me as IANAL & blathering on a chat board) voided KY marriage law by eviscerating the legal definition of “marriage”. As such, KY has no “marriage” law, and the KY legislature has not suitably replaced it.
THERE IS NO KY “MARRIAGE” LAW FOR DAVIS TO ACT ON.
It doesn’t mater Trump declared she broke the law and should be jailed. That is all there is to it.
There isn’t even the attempt to force the High and Mighty Court to say exactly HOW their edict must be carried out, if indeed it must. The situation now is Calvinball. If you take your opponent’s flag do you have to sing the sorry song or do you have to go to jail or what? It’s all Calvinball. That sure doesn’t look even like “rule of law” at all. It is “rule of judges.” What’s old is new again and it isn’t any prettier than it was the first time.