I suppose this goes without saying, but his so-called order to the probate judges of Alabama that they should not issue marriage licenses to same-sex couples is absurd. I hope that any couple that could not marry today (as ordered by the Federal District Court and not stayed by any other federal court) sues him and the relevant probate judge for damages under Section 1983 (preferably before the same federal district judges that issued the same-sex marriage opinion).
Personally, I think that the Supreme Court should have granted certiorari in the Fall and stayed all of the lower court opinions until ruling on the merits. At this point, though, the train has left the station. (Go read Justice Thomas’s dissent from the stay denial today to see what that looks like.) Why stay a ruling that you know you will affirm in June, I suppose.