I disagree with the judge.
Oh... well... that changes everything!
A petty move to not fine her based on the possibility of someone else picking up the tab.
He didn't fine her because that wouldn't help bring her into compliance which is the whole point behind the Judge's order. He issued a lawful order and she's refusing to follow it! Listen, we live in a nation of laws and Kim Davis doesn't get to pick and choose which laws and which court orders she follows.
Bringing her into compliance is part of the issue.
No. It is the
ONLY issue. There's an order compelling her to issue licenses. She may disagree with the order, which is her right. She can complain about it all she wants. But she is
not free to ignore it.
The bigger issue is ensuring everyone who is entitled to a license receives one.
Which will happen only if she agrees to either follow the law and comply with the Court order or if she resigns and someone else, who
can follow the law takes her place.
That could have been accomplished by banning her from the office until she complies.
Even if the Judge had the authority to "ban her from the office" it's unclear that that would change anything at all.
She explicitly said that she would not allow her employees to issue licenses. Whether she's physically in the office or not, she still has authority to fire the clerks who do not follow her direction. Short of jailing her for contempt, what else could the Judge have done? He doesn't have the authority to remove her from her elected position - and if you think he does, please cite the relevant statute.
Indefinite jail time for something like this is just crazy.
That's how contempt of court works when the court is trying to bring someone into compliance. What else would you suggest? Asking again but adding "pretty please"? Serenading her?
