Numerous court filings: The only way “Kim Davis” and “appealing” would ever be used in the same sentence
6 Likes
I never knew that communications from God could include advice to lawyer up.
2 Likes
“Blessed are the writ writers” - John Grisham 4:12
5 Likes
I don’t know Judge Bunning’s judicial history or record. However, before we all assume a judge will intervene and shut all this down, well, because judges are known for doing the right thing, please remember Louis Gohmert was Chief Justice on Texas’s 12th Court of Appeals. Louis Gohmert. Nuff said.
5 Likes
Not only jail her sorry ass, but begin disbarment proceedings against her attorneys who have now advised her to break the law thus knowingly putting her in jeopardy. (I’ll take Hard Time for $400, Alex.)
3 Likes
The people of that county voted her in. The only real–and very clear to her and her ilk–way to “fire” her is for the voters there to recall her and vote in someone who will promise to fulfill the duties of the office. I do agree that this isn’t fair to a lot of the people there – but money talks. Even if/when the judge orders fines, it will be the county who is liable, i.e. the taxpayers.
2 Likes
No. Not really. Once you’re defying a SCOTUS order and your appeal has been passed on by SCOTUS. You’re rather out of options.
There’s nothing left but the beatdown.
5 Likes
the only way to effectively compel her to obey is to lock her up. She will never pay her own fines, that will be taken care of by the wingnut welfare system.
2 Likes
So you’re saying her filing today will not be accorded review?
1 Like
Nope.
Bunnings refusal to hear the complaint is a dead-end, for which there is no appeal.
SCOTUS has already refused to hear her arguments.
She has several choices—she can issue the licenses, she can go to jail for contempt and pay hefty fines while she’s cooling her heels in jail, or she can resign her office.
She has no viable legal avenue left.
She’s getting really bad advice from her attorneys.
Bunning is over it, and he won’t grant another postponement.
Her martyrdom is almost here, and she’ll wallow in it like a pig in slop.
Unfortunately for her, the resemblance doesn’t stop there.
13 Likes
Just so you are clear, tomorrow’s hearing is the one where the judge decides to toss her happy ass in jail for contempt of court. The appeal she wants to file is really a side argument to the main issue that has already been addressed, it is basically the same issue, just trying to get at it from a different angle.
So its going to be denied, and we are no longer talking about prolonging the hold up on marriage licenses. We are talking about how long she goes to jail, and how big the fines are going to be. This feeble grasp is just an attempt to put off Judgement Day.
She IS going to jail; she IS going to be fined, and ultimately, people in that county WILL be receiving their marriage licenses. I suspect once she goes to jail, the legislature will move pretty rapidly as well to impeach her.
There is no scenario where this ends well for her. She has lost, and her lawyers are only going to make that loss more painful by pissing off the judge.
11 Likes
That’s terrifying. Mind blown.
5 Likes
I don’t think you can remove her this way. That’s the primary problem here, unfortunately.
Well, that’s a whole other kettle of fish. Getting a judge to sanction an attorney is . . . a lot more difficult that the rules governing such things would lead a reader to believe they should be. A lawyer in a civil case is permitted and expected to make arguments that are well grounded in fact and law or supported by a good faith argument for the reversal or extension of existing law.
And most judges are really shy to push very hard on that latter standard because of the inherent potential for politicization of the legal process and inhibiting the development of the law as society progresses. Consider, for example, Loving v. Virginia (the case where the Supreme Court struck down miscegenation statutes, which had been perfectly legal under existing law). The entire case was based on a good faith argument for the extension or modification of existing law.
But, in any case, we do not know what advice her attorney has given her. That’s privileged. All you can do is tell the client “if you do that, you’ll go to jail.” If they do it anyway and go to jail, it’s the attorney’s job to represent her to the best of his ability and try to mitigate the consequences as best he can. One may well suspect they’re egging her on, giving her crappy advice, telling her she’s got a great case and to fight it out to the end, but we don’t know it
13 Likes
I believe the judge will not allow another delay. I’m going with 80/20.
2 Likes
She will ultimately lose all of her appeals and will be locked up. This is black and white. She is an elected official who is refusing to perform her duty, If she can’t she has no choice but to resign. Otherwise she should go to jail.
7 Likes
Forum shopping is common in patent litigation, but yes, you would have to incorporate in the jurisdiction to bring action in your court of choice.
Bunning is the son of the former MLB player and former KY Senator Jim Bunning.
He was appointed by Bush the Lesser, and is a graduate of the UK School of Law.
He has a record of moderation and has seldom been overturned on appeal.
11 Likes
The interests of the Courts are distinct from those of the parties to the case.
Contempt is an attack on the Courts themselves. Judges get pretty cranky about attacks on their institution. This is, if possible, even more true for conservative judges, who recognize and defend their institution’s essential conservatism.
The judge’s son predicts indefinite jail. For the good of the Courts.
6 Likes
My understanding is that she would be personally liable for the fines. The contempt hearing is for Kim Davis personally, not the County Clerk.
8 Likes