She should just cut out all the bullshit and amend the appeal so that it deals with her real issue… Namely… that 15 minutes of fame is not nearly long enough to meet her goals.
It sounds to me like one of her new found ‘friends’ may have convinced her of her own greatness and convinced her that it is her destiny to lead the state of KY into the future. It is almost certainly too late for her to get into the governors race but she still has time to file for Rand’s Senate seat. I am sure that there are a bunch of republican consultants that are salivating at the idea of having a candidate with this kind of nationwide name recognition. They look at her and see campaign and PAC donations that will be literally coming out of the wood work from ever corner of the country.
Actually it was necessary to release her so that she could demonstrate exactly the level of her inanity.
Her first move on returning to work will no doubt be to sack the office workers who issued the licenses. And then that will be immediately voided by the judge and she will be back in jail for contempt.
And any of the ‘oath keepers’ faux patriots trying to interfere with the federal marshals will join her.
You know that secret Gay Agenda they are always talking about? The one where a big point of gay marriage is to destroy straight marriage? Well, trust me – no one, no one at all – had any idea that Liberty Counsel was gong to be so very helpful with this part of the plan.
On Aug. 12, U.S. District Court Judge David Bunning ordered that Davis end her “no marriage licenses” policy as to the four couples — two same-sex and two opposite-sex. Davis had implemented the policy after the Supreme Court ruled in favor of nationwide marriage equality on June 26; Davis has religious objections to her name appearing on same-sex couples’ licenses.
In a new request to the 6th Circuit Court of Appeals, Davis’s lawyers took aim Friday at a Sept. 3 ruling from Bunning that expanded the Aug. 12 ruling to include “other individuals who are legally eligible to marry in Kentucky.”
After being jailed for contempt of court in the same Sept. 3 hearing where Bunning expanded the Aug. 12 order, some of Davis’s deputy clerks began issuing licenses the next day. After being jailed over the weekend, Davis was released on Sept. 8 and ordered not to interfere with her deputy clerks in their issuance of licenses.
In Friday’s filing, Davis’s lawyers call the move by the plaintiffs’ lawyers seeking to expand the Aug. 12 injunction to include all couples “a disingenuous motion” aimed at making the initial injunction “encompass a class of persons not covered by the injunction.”
Im not a lawyer…anyone have some mad lawyer’n skills?
I don’t believe Davis argument (or rather, the petition filed by her attorneys) is technically correct or legally sound in any way. I do firmly believe this latest filing to be a prime example of frivolous and litigious abuse of the courts.
On September 3rd, in response to statements from Davis and her counsel expressing intentions to continue defying court orders, and responding as well to a request from the plaintiffs (as is his right to do), Bunning expanded his order. Why? Because it was clear the defendants fully intended to try to make the federal court issue a specific ruling on each and every same-sex couple who applied for a marriage license in Rowan county in the future. When a judge already knows he is going to apply the exact same rationale to the exact same case instances with only the plaintiffs names changed, and has no reason to believe he will be overruled, the ruling is moot and putting such cases on the court calendar is nothing but a waste of everybody’s time (and taxpayer money) and a denial of timely enforcement of civil rights protections.
You can’t have a system where it’s “Straight couples: Line A for speedy processing of your marriage application; processing time 10-30 minutes max. Gay/Lesbian couples: Here’s a phone where you can call your attorney to file the case to force us to give you a license; processing time 8 to 12 weeks. Afterwards, we’ll still treat you like scum and refuse to issue the license anyway.”
To use a metaphoric example, if a judge (let’s say) were to order you not to dig a hole on a piece of land, you don’t get to keep going back to argue, “How about here? Or here? No?” Then a day or week later, “Can I dig holes here? Or there? You didn’t say everywhere.” And then when the judge says “No, no holes anywhere on this piece of land that never belonged to you in the first place” – file an appeal saying the judge improperly expanded his order.
Judge Bunning, in expanding his order, was merely making it clear there were NO circumstances under which he (or any other judge) would rule differently just because the new plaintiffs were named Smith and filed this week and not the Jones who filed last week.
The Supreme Court has already ruled on this matter. If Judge Bunning had limited the granting of licenses only to the Plaintiffs, and not to other couples covered by the Supreme Court’s decision, he would have been going against the High Court.
The reich wing has tried this before, claiming that the right to marry only applies to the initial plaintiffs. Sixth Circuit will issue a 5 word ruling once they meet
Yep. Seems I recall it going down similarly in California during the PropH8 case. The homophobic bigots then tried to claim the decision would only apply to the couples in the original case.
Courts shot that down, too. This is about civil rights for an entire class of people, with the case filed by certain individuals so that legal standing is established. Can’t make every single member of that protected class have to go to court to sue for their rights in every single instance.
Actually, she’s asking the 6th Circuit to reverse itself and SCOTUS and issue a stay to the expanded injunction from Judge Bunning that ordered her to issue the marriage licenses.
She claims—falsely—that Bunning expanded the injunction while it was under appeal and that he shouldn’t be able to do that. The fact that he didn’t do that escapes her crackerjack team of lawyers.
The 6th Circuit and the Supremes refused to stay the order in August, and it was expanded on September 3rd.
Basically, she’s asking for a do-over, because she didn’t win the first time around. I read the petition to the court—12 pages of verbal diarrhea with no basis in reality----and it is so badly drawn that even a non-lawyer like me can see the holes in it----holes big enough to drive a semi-truck through—and the utter futility of her claim.
She wants the 6th Circuit to stop marriages in Rowan County by interfering witht he duties of the Clerk’s office—while simultaneously complaining that Bunning’s order interferes with the operation of the Clerk’s office in Rowan County.
Her lawyers even have the temerity to claim that she has a substantial chance of success in her appeal and therefore a lower standard of harm to prove her case.
This is going to get even messier than it’s been up to now----but on the bright side, it makes Davis, her right-wing lawyers, and the GOP candidates rushing to her aid look stupid, bigoted, and unfair.
The legal whining in the petition is hilarious, and courts generally take a dim view of it.
