For what it is worth NPR says that she could be in jail -- or in and out of
jail -- for most of the next three+ years, since she was only elected recently.
This report seemed to imply that the Judge would keep sending her back to jail
(or keep her in jail) until she agreed to issue licenses or I suppose resigned.
For what it is worth, the Judge (appointed by Bush) is the son of the former
Senator (and more importantly Baseball Hall of Fame pitcher Jim Bunning),
******************
Paul Finkelman, Ph.D.
Senior Fellow
Penn Program on Democracy, Citizenship, and Constitutionalism
University of Pennsylvania
and
Scholars Advisory Panel
National Constitution Center
Philadelphia, Pennsylvania
518-439-7296 (w)
518-605-0296 (c)
paul.finkel...@yahoo.com
www.paulfinkelman.com
From: Marty Lederman <lederman.ma...@gmail.com>
To: "Cohen,David" <ds...@drexel.edu>; Law & Religion issues for Law Academics
<religionlaw@lists.ucla.edu>
Cc: ConLaw LIst Prof <conlawp...@lists.ucla.edu>
Sent: Thursday, September 3, 2015 5:49 PM
Subject: What's happening in KY?
The reports I've seen (e.g.,
http://www.nytimes.com/2015/09/04/us/kim-davis-same-sex-marriage.html) do not
make clear exactly what's happening, other than that Davis is incarcerated.
1. Is the County Executive Judge now issuing certificates and licenses (which
might ironically eliminate the grounds for Davis's contempt incarceration . . .
until she refuses to allow the documents to be issued to the next couple that
appears)?
2. What was the deal the judge offered her, regarding her deputies issuing the
documents? Did she refuse it because her name would continue to appear on the
two lines? Or did the judge say that she could omit her name and she still
refused?
Thanks in advance for any info, or, better yet, links to actual documents.
On Thu, Sep 3, 2015 at 2:14 PM, Cohen,David <ds...@drexel.edu> wrote:
Hi all - a mootness question for you. In the case of the KY clerk who was
jailed today for refusing to comply with a district court order that required
her to issue a marriage license to a gay couple (and stay denied from the 6th
Circuit or Supremes), according to some news reports, now that she is in jail
and not able to serve, state law allows a county’s executive judge to now issue
licenses. So, presumably that will happen relatively quickly, and the
plaintiffs will get their licenses. Is the case now moot and the clerk can get
out of jail because she’d no longer be in contempt of a court order, since the
case is vacated as moot? And the issue isn’t capable of repetition at this
point for the plaintiffs, as they now have a license and can’t get another
(until divorced, which may never happen). It certainly is capable of
repetition for other people, but not these plaintiffs (and they haven’t filed a
class action, to the best of my knowledge). We’ve been around this issue
before, and to the best of my recollection, most people believe the cases say
that the “capable of repetition” part has to be for the particular plaintiffs,
not for someone else. In other words, is she in jail for an hour, maybe a day,
and then back at it shortly to deny someone else a license (when that
eventually happens) only to repeat the whole thing again? David David S.
CohenProfessor of Law
Thomas R. Kline School of LawDrexel University3320 Market St.Philadelphia, PA
19104Tel: 215.571.4714drexel.edu | facebook |twitterAvailable NOW:Living in the
Crosshairs: The Untold Stories of Anti-Abortion Terrorism (Oxford)
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