Wednesday, September 2, 2015

Kim Davis files reply brief with convoluted argument

According to Kim Davis' attorneys from Liberty Counsel “Davis should not be held in contempt because she ‘is presently unable to comply with the court’s order’ enjoining her to authorize SSM licenses bearing her name.” They are defending against contempt by arguing that her compliance is factually impossible. They further explain:.
Davis is unable to comply with the August 12, 2015 order (“Injunction”) because it irreparably and irreversibly violates her conscience by directing her to authorize and issue SSM licenses bearing her name and approval.
I find it hard to believe that this could fly. I doubt that a judge is going to believe that Davis is unable to comply. These issues have already been litigated and the judge issued an injunction two weeks ago.

They further claim an absence of due process and that the court's order poses a substantial burden on Davis' free exercise of religion. Even were that the case, and it is not, the remedy would be for Davis to resign the office since she can no longer fulfill the duties required of an elected official.

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