She’s hauling down $80,000 per year, yet refusing to work. Doesn’t that make her one of those “takers” that the Republicans are always going on about?
28 Likes
Don’t be silly. The woman is fucking with a Judge. The “judicial system” isn’t going to assist her in that.
11 Likes
This is what Scalia says on public servants and duty:
Scalia, at least when it comes to the death penalty, argued that public servants are obligated to follow the law, even when it conflicts with their morals — and if they are unwilling to do so, they should quit.
“In my view the choice for the judge who believes the death penalty to be immoral is resignation, rather than simply ignoring duly enacted, constitutional laws and sabotaging death penalty cases,” Scalia argued. “He has, after all, taken an oath to apply the laws and has been given no power to supplant them with rules of his own.
I also like what Dan Savage had to say. I think he’s right:
“I think Kim Davis is waiting to cash in,” Savage told MSNBC. “I predicted from the beginning that she would defy all the court orders, defy the Supreme Court, she would ultimately be held in contempt of court, lose her job, perhaps go to prison for a short amount of time. And then she will have written for her, ghost written books. She will go on the right-wing lecture circuit and she’ll never have to do an honest day’s work ever again in her life.”
“This is a woman who’s been divorced three times and married four times,” he said, reading from the US News & World Report article that pointed out Davis “gave birth to twins five months after divorcing her first husband, (and) they were fathered by her third husband but adopted by her second husband.”
16 Likes
“Freedom of religion means freedom to hold an opinion or belief, but not to take action in violation of social duties or subversive to good order,” In Reynolds v. United States (1878), the Supreme Court found that while laws cannot interfere with religious belief and opinions, laws can be made to regulate some religious practices (e.g., human sacrifices, and the Hindu practice of suttee). The Court stated that to rule otherwise, “would be to make the professed doctrines of religious belief superior to the law of the land, and in effect permit every citizen to become a law unto himself. Government would exist only in name under such circumstances.”
17 Likes
“saying she cannot do something that violates her religious beliefs.”
Someone just needs to convince Little Miss Pious that, because of the duties it entails, HOLDING THE POSITION, IN AND OF ITSELF, VIOLATES HER RELIGIOT BELIEFS.
She has no “right” to be clerk (it is contingent on her dong her duty)…just like she has no “right” to be doctor who provides abortion services.
6 Likes
Speaking as one of the many attorneys here, it may look that way, but, no. That’s not how it is. You can’t judge shop in federal court, the court you are in is determined by where you live and the judge is picked at random. You can’t bring claims in a separate action that you should have brought in another. There are multiple rules and doctrines to keep you from doing just that. And there are only three layers in the federal judicial system–district court, the circuit court of appeals and SCOTUS.
You can delay the inevitable by filing frivolous pleadings that it takes time to review and deny, but the more you do that, the worse you make it on yourself when the inevitable arrives.
This motion is facially absurd. It is ridiculous. The judge will take all of ten seconds to deny it. This woman is just digging herself a deeper and deeper hole and it’s going to collapse and bury her long before she digs through to China.
It may look like she’s winning from the outside, but those of in the legal profession are watching in rapt horror, the way we would a television show about drunk rednecks playing with chainsaws and wood chippers at the “takes large drink and says ‘watchis here!’” point of the show.
54 Likes
Exactly. Enough already.
Does seem rather high. Maybe she piggy backed on her mother’s 37 years experience somehow. I’m sure that would be a no no.
Here’s what I found:
http://www.payscale.com/research/US/Job=Court_Clerk/Hourly_Rate
Rowan County stats:
http://www.city-data.com/county/Rowan_County-KY.html
Give her a ring and ask her:
Contact Information
Rowan County Clerk
Kim Davis
kimberlyb.davis@ky.gov
600 West Main Street Room 102
Morehead, KY 40351
Phone – (606) 784-5212
Fax – (606) 784-2923
Hours:
8:00 – 4:00 Monday – Thursday
8:00 – 6:00 Friday
9:00 – 12:00 Last Saturday of the Month
Agree, at some point decisions rather than catering must be made. You can place Vegas bets that she will continue to find reasons and as each fails will come up with another, enough is enough.
1 Like
Throw her butt in jail.
2 Likes
Indeed…and I’m quite curious whether she blew the deadline for appealing this ruling she now wants to appeal or should have appealed it with the other appeal, meaning she effectively waived it when she failed to bring it on time or with the other appeal. If that’s the case, her motion for further stay/delay is arguably frivolous and should result in sanctions, irrespective of the sanctions she receives for contempt of the order.
Of course, when the judge denies this motion, she’ll ask for a stay to appeal THAT ruling. They clearly think they can create an appellate feedback loop here, which is going to royally piss off the judges.
8 Likes
Federal judges cannot remove elected state officials from office. It’s a federalism thing. In Kentucky, even state court judges can’t remove elected officials from office. Only the legislature.
5 Likes
The Supreme Court already closed the door. End game is in Ashland Kentucky. Along the way, it also seems clear the the Kentucky State Religious Freedom Act is going to get a haircut as it applies to county clerks. Thanks Kim!
7 Likes
OMGosh. I believe that this point, Judge Bunning should order all involved–this woman AND her counsel–to attend (and pass) U. S. Government and Civics classes. Perhaps while they are behind bars would be a good time for that to happen. Being released would be contingent on actually passing the courses. Additionally, heavy fines for the Rowan County taxpayers and to Liberty Counsel for such horrible breach of ethics in guiding their client to ignore orders by a judge.
1 Like
I trust your expertise on the matter. But frivolous filings still result in the need for the courts to address them. Addressing them requires reviewing them for content and legitimacy before pronouncing them frivolous. Multiple frivolous filings spaced out over several days and weeks may very well anger the court and increase the ultimate severity of sanctions. Nevertheless the goal of prolonging the inevitable issuing of licenses is achieved.
4 Likes
Her attorneys should also be sanctioned, and maybe disbarred for telling her to disobey a court ruling/order. These self-righteous hypocrites prove every day precisely why it’s so important that our nation keep religion out of state matters. Many others have accurately noted here that should a Muslim attempt to disobey a court order, it would bring the entire right wing noise machine to a frenzied peak. This clerk is the epitome of hypocrisy too, given her long history of divorce, remarriage and, apparently, bearing a child out of wedlock.
6 Likes
NCSteve: As an officer of the court, aren’t there sanctions of some kind that can be taken against her attorney for advising his client to ignore court orders and actively break the law?
Also, at what point can she be deemed a vexatious litigant?
6 Likes
Why heavy fines to the taxpayers?? They aren’t denying anyone anything. Kim Davis, and her other clerks, are solely responsible. They, themselves, should be personally responsible for their actions if fines are imposed. Not the taxpayers.
2 Likes
If she truly holds her religious beliefs and possessed of a conscience, she should resign, since the court has ruled against her. To refuse to do that and still collect her paycheck is to try to have it both ways. The choice is hers, resign or be held in contempt of court.
4 Likes
Were I arguing for the plaintiffs, I’d be saying “judge, look, how can she possibly come in here and, with a straight face, ask for another stay pending appeal when she’s already made it clear she will not obey if she loses on appeal?”.
32 Likes