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DonViejo

(60,536 posts)
Fri Sep 11, 2015, 04:45 PM Sep 2015

Kim Davis Ask Appeals Court To Halt Marriages In Her County

Source: TPM/BuzzFeed

Kim Davis -- the Kentucky clerk who stopped issuing all marriage licenses after the Supreme Court gay marriage ruling -- is taking another stab at stopping same-sex marriages in her county.

Her lawyers filed a petition Friday with the 6th U.S. Circuit Court of Appeals asking the court to halt an order by a district judge requiring that marriage licenses be issued to all couples seeking them, Buzzfeed reported.

The district judge, Judge David Bunning, initially ordered Davis on Aug 12 to issue licenses to the four couples who brought a lawsuit against her for refusing to oversee their marriages. A stay to that order brought by Davis' lawyers was denied by the appeals court as well as the Supreme Court.

Bunning expanded the order Sept. 3 to apply to all Kentucky couples seeking for marriage licenses in the county, which Davis' lawyers say in Friday's petition "lays waste to well-established principles of jurisdiction and due process in the federal court system."

-snip-

Read more: http://talkingpointsmemo.com/livewire/kim-davis-expanded-order

43 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Kim Davis Ask Appeals Court To Halt Marriages In Her County (Original Post) DonViejo Sep 2015 OP
I need some toilet paper with that womans picture on it. Seems like that would be jtuck004 Sep 2015 #1
I mean... Roy Rolling Sep 2015 #2
Clown Barber College. n/t eggplant Sep 2015 #3
Lower than that! skamaria Sep 2015 #7
And he learned about billable hours underpants Sep 2015 #9
I'm not sure, cloudbase Sep 2015 #10
He has a bachelor's degree from Trump University... jmowreader Sep 2015 #25
This person needs to resign her position and now padfun Sep 2015 #4
Dear Kim, please go to another state. leftofcool Sep 2015 #5
Kansas can't afford to pay her. -none Sep 2015 #31
I think I've finally run out of comments. mahatmakanejeeves Sep 2015 #6
You left out that he lost both time he was in front of the Supreme Court csziggy Sep 2015 #16
Oh for fucks' sake. geomon666 Sep 2015 #8
STFU and go away! SoapBox Sep 2015 #11
says the woman that has married 4 times Angry Dragon Sep 2015 #12
At some point one would think she'd be admonished concerning horse beating on this topic. Gore1FL Sep 2015 #13
They're asking the judge to order a STOP to obeying the law? How frivolous is that? George II Sep 2015 #14
Amazing isn't it! n/t RKP5637 Sep 2015 #32
Some people are trying to eke out 20 minutes of fame. libdem4life Sep 2015 #15
She's had her 15 minutes davidpdx Sep 2015 #42
Do the imbeciles who elected her support ending ALL marriage licenses? BillZBubb Sep 2015 #17
Doesn't this break her agreement with the judge? Liberalagogo Sep 2015 #18
it warrants sanctions squirecam Sep 2015 #19
I don't know if she really agreed with the judge. JustABozoOnThisBus Sep 2015 #23
I would guess that since he's the judge ... Fantastic Anarchist Sep 2015 #24
Yes, appealing an order is fine jberryhill Sep 2015 #29
It is sanctionable squirecam Sep 2015 #38
The Supreme Court ruled on the denial of the stay jberryhill Sep 2015 #39
I think the judge is going to totally lose his patience with her. IMO he's tried to be very RKP5637 Sep 2015 #33
She'll have to violate it first jberryhill Sep 2015 #40
Why is this woman allowed access to the courts? bluestateguy Sep 2015 #20
Because everyone has access to them jberryhill Sep 2015 #30
What will be the likely sequence of events if she refuses to issue licenses Monday and also forbids RKP5637 Sep 2015 #34
She is worse than a toddler that lays down in the street and kicks and screams Jamastiene Sep 2015 #21
Ugh! I so hate this woman! smirkymonkey Sep 2015 #36
One comment on TPM left-of-center2012 Sep 2015 #22
Straight Jacket orpupilofnature57 Sep 2015 #26
This is the grown-up version of asking Dad if Mom says no jmowreader Sep 2015 #27
Just a fool Geronimoe Sep 2015 #28
Yep, she's being used, but doesn't get it. She's a useful stooge for the enjoyment of others, RKP5637 Sep 2015 #35
Stupid will double down at the first opportunity. marble falls Sep 2015 #37
Can't Bunning send her back to jail already? ArcticFox Sep 2015 #41
Forget jail... JustADumbFireman Sep 2015 #43

jmowreader

(50,453 posts)
25. He has a bachelor's degree from Trump University...
Fri Sep 11, 2015, 08:31 PM
Sep 2015

...and a law degree from Pensacola Christian College, whose dean is still sitting there going, "We have a law school? Why doesn't anyone tell me these things?"

leftofcool

(19,460 posts)
5. Dear Kim, please go to another state.
Fri Sep 11, 2015, 04:54 PM
Sep 2015

You are embarrassing us here in Kentucky. Maybe Kansas will take you.

-none

(1,884 posts)
31. Kansas can't afford to pay her.
Fri Sep 11, 2015, 08:55 PM
Sep 2015

Something about a budget crunch so bad only the governor and the Republican Legislature are assured of getting paid.

mahatmakanejeeves

(56,897 posts)
6. I think I've finally run out of comments.
Fri Sep 11, 2015, 04:54 PM
Sep 2015

Fortunately, I can go home and start drinking in 5 ... 4 ... 3 ....

ETA: 244 pages! Doesn't he know why they're called briefs? The first 25 pages are new, and the rest consists of Exhibits, probably recycled from the earlier filings.

Someone asked: Mathew Staver

Biography

Staver received his B.A. in theology from Southern Missionary College, his M.A. in Religion from Andrews University, and his J.D. from the University of Kentucky. He has argued before the Supreme Court of the United States twice and has argued before most of the federal courts of appeals.

csziggy

(34,120 posts)
16. You left out that he lost both time he was in front of the Supreme Court
Fri Sep 11, 2015, 05:55 PM
Sep 2015

Not a good omen for any future cases.

Gore1FL

(21,034 posts)
13. At some point one would think she'd be admonished concerning horse beating on this topic.
Fri Sep 11, 2015, 05:40 PM
Sep 2015

If she wants to be an imprisoned "martyr" on the wrong side of history, I am happy to oblige her.

BillZBubb

(10,650 posts)
17. Do the imbeciles who elected her support ending ALL marriage licenses?
Fri Sep 11, 2015, 06:13 PM
Sep 2015

Why haven't they demanded she resign?

 

Liberalagogo

(1,770 posts)
18. Doesn't this break her agreement with the judge?
Fri Sep 11, 2015, 06:13 PM
Sep 2015

She was let out on the promise she would not interfere. And she's interfering. Jail her nasty ass for good this time.

squirecam

(2,706 posts)
19. it warrants sanctions
Fri Sep 11, 2015, 07:25 PM
Sep 2015

It at least violates the Federal Rules of Civil Procedure 11

Under FRCP 11, a court may impose sanctions against an attorney, law firm, or party when a complaint is filed for an improper purpose such as harassment or delay, when the claims in the complaint are unwarranted under either existing law or a nonfrivolous argument for extension of the law, or when the allegations in the complaint are without evidentiary support and unlikely to have evidentiary support after further investigation and discovery. FRCP 11(b) & (c). When evaluating whether a complaint is frivolous or without evidentiary support, the court “must conduct a two-prong inquiry to determine (1) whether the complaint is legally or factually baseless from an objective perspective, and (2) if the attorney has conducted a reasonable and competent inquiry before signing and filing it.” Christian v. Mattel, Inc., 286 F.3d 1118, 1127 (9th Cir.2002) (internal quotation marks and citation omitted). As shorthand for this test, the Ninth Circuit uses the word “frivolous” “to denote a filing that is both baseless and made without a reasonable and competent inquiry.” Townsend v. Holman Consulting Corp., 929 F.2d 1358, 1362 (9th Cir.1990) (en banc). Whether a complaint is “frivolous” is determined using an objective standard of reasonableness. Id. Not all of a complaint's claims must be frivolous for Rule 11 sanctions to be appropriate. Id. at 1363.

Chao v. Westside Drywall, Inc., 709 F. Supp. 2d 1037, 1080 (D. Or. 2010), as amended (May 13, 2010)

A federal court may levy sanctions under its inherent power for willful disobedience of a court order, when the losing party has acted in bad faith, vexatiously, wantonly, or for oppressive reasons, and against counsel who willfully abuse judicial processes. Fink v. Gomez, 239 F.3d 989, 991–92 (9th Cir.2001) (citing Roadway Express, Inc. v. Piper, 447 U.S. 752, 766, 100 S.Ct. 2455, 65 L.Ed.2d 488 (1980)) (internal quotations omitted). The inherent power “extends to a full range of litigation abuses,” however, the litigant must have “engaged in bad faith or willful disobedience of a court's order.” Id. at 992 (citing Chambers v. NASCO, Inc., 501 U.S. 32, 46–47, 111 S.Ct. 2123, 115 L.Ed.2d 27 (1991)) (emphasizing the continuing need for resort to the court's inherent power).

Chao v. Westside Drywall, Inc., 709 F. Supp. 2d 1037, 1080 (D. Or. 2010), as amended (May 13, 2010)

JustABozoOnThisBus

(23,283 posts)
23. I don't know if she really agreed with the judge.
Fri Sep 11, 2015, 08:23 PM
Sep 2015

He made the condition, didn't hear that she agreed to it.

 

jberryhill

(62,444 posts)
29. Yes, appealing an order is fine
Fri Sep 11, 2015, 08:49 PM
Sep 2015

The comment about it being sanctionable is nonsense.

One always has the right to file an appeal of an order. That's not "interfering" with an order.

Asking and getting are, of course, two different things.

squirecam

(2,706 posts)
38. It is sanctionable
Fri Sep 11, 2015, 11:19 PM
Sep 2015

You cannot repeatedly file the same motion over and over without consequences. The Supreme Court ruled. There will not be any change. Filing for more stays is an abuse of the litigation process and justifies sanctions.

 

jberryhill

(62,444 posts)
39. The Supreme Court ruled on the denial of the stay
Fri Sep 11, 2015, 11:57 PM
Sep 2015

...of the initial preliminary order. I'll check tomorrow, but I'm not even sure the substantive appeal of that order was heard by the 6th Circuit yet, but..

The preliminary order was amended once, and there was an additional order concurrent with her release. There is also a pending motion to dismiss, so the 6th Circuit is more likely to take the route of throttling down any additional filings pending some substantive progress in the district court.

Our resident vexatious litigant might drop by and relate his personal experience with courts exercising docket control short of sanctions.

RKP5637

(67,032 posts)
33. I think the judge is going to totally lose his patience with her. IMO he's tried to be very
Fri Sep 11, 2015, 09:09 PM
Sep 2015

reasonable. Frankly, I hope he throws the book at her if she violates his order/agreement. She is thumbing her nose at SCOTUS, the Federal gov., and a Federal judge. She can't seem to comprehend this is a nation of laws. And, she is severely abusing her position and power by trying to force her brand of religion onto others. She was not jailed for her religion, but rather for abuse of her office to thrust her religion onto others.

 

jberryhill

(62,444 posts)
40. She'll have to violate it first
Sat Sep 12, 2015, 12:00 AM
Sep 2015

I haven't checked whether all of the named plaintiffs got their licenses yet, but whether she is contempt is going to require someone showing up for a license Monday.

bluestateguy

(44,173 posts)
20. Why is this woman allowed access to the courts?
Fri Sep 11, 2015, 07:41 PM
Sep 2015

She is under contempt, meaning she has no regard for the court's authority. So now she wants the court to intervene on her behalf?

 

jberryhill

(62,444 posts)
30. Because everyone has access to them
Fri Sep 11, 2015, 08:51 PM
Sep 2015

She is not currently in contempt. But even if one is in contempt of court, one may of course appeal both the order and the contempt ruling.

Are you seriously suggesting that people should not have a right to appeal court orders?

RKP5637

(67,032 posts)
34. What will be the likely sequence of events if she refuses to issue licenses Monday and also forbids
Fri Sep 11, 2015, 09:12 PM
Sep 2015

her clerks from issuing licenses. Can she do this and say an appeal is in the works?

Jamastiene

(38,187 posts)
21. She is worse than a toddler that lays down in the street and kicks and screams
Fri Sep 11, 2015, 08:07 PM
Sep 2015

to try to get their way. Her temper tantrums are getting tiresome. Throw her ass in jail and throw away the key. She is not fucking queen of the USA. The judge needs to get strict with her and show her that. She obviously won't get it otherwise with her attention seeking temper tantrums.

 

smirkymonkey

(63,221 posts)
36. Ugh! I so hate this woman!
Fri Sep 11, 2015, 09:29 PM
Sep 2015

She is just such an A-hole! What on earth is wrong with her! I can't even say what I would like to have happen to her or I would be banned for life.

left-of-center2012

(34,195 posts)
22. One comment on TPM
Fri Sep 11, 2015, 08:08 PM
Sep 2015

I agree with the comment which said she'll say they can't issue any marriage licenses while it's being appealed.

jmowreader

(50,453 posts)
27. This is the grown-up version of asking Dad if Mom says no
Fri Sep 11, 2015, 08:43 PM
Sep 2015

Correct me if I'm wrong, but hasn't Dewey, Cheatham and Howe (aka her quack legal team) already appealed this to the Supreme Court, and lost? It's going to look bad for her if Governor Beshear has to send the National Guard in to enforce this, but it currently looks like he needs to.

 

Geronimoe

(1,539 posts)
28. Just a fool
Fri Sep 11, 2015, 08:44 PM
Sep 2015

She is being played for the fool that she is by her attorneys, fringe religious fanatics, and politicians such as Hucklenuts and Cruz.

Lots of money to be made off the ignorant clinging to their Bible and guns, as these vultures rearrange chairs on the Titanic.

Word of the day for these nitwits is "secular". As in Kim's $80K job requires she issue secular marriage licenses. She should be impeached but, we know the entire Kentucky legislature lack one pair of balls. Otherwise they would shutdown mountaintop coal mining.

RKP5637

(67,032 posts)
35. Yep, she's being used, but doesn't get it. She's a useful stooge for the enjoyment of others,
Fri Sep 11, 2015, 09:14 PM
Sep 2015

for others agendas, and some $$$$$'s in the process.

ArcticFox

(1,249 posts)
41. Can't Bunning send her back to jail already?
Sat Sep 12, 2015, 01:33 AM
Sep 2015

Seriously, let her rot in there until she resigns or is impeached or voted out.

That's my ruling. If only I were a judge in that jurisdiction . . .

JustADumbFireman

(59 posts)
43. Forget jail...
Sat Sep 12, 2015, 11:58 AM
Sep 2015

This woman (and I use the term loosely) needs to be permanently committed to a lock-down psych ward.

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