|County clerk Kim Davis (R)|
Kentucky county clerk Kim Davis, having received a big fat “no” from the 6th Circuit Court of Appeals regarding a stay on a federal judge’s ruling that would compel her to follow the law and issue marriage licenses, is now heading to the U.S. Supreme Court asking for an “emergency” stay.
The original stay by federal Judge David Bunning expires on Monday, August 31st. That stay was issued in “deference” to the 6th Circuit Court. Davis has asked Bunning for an extension to accommodate time for SCOTUS.
Here is Davis’ request:
This Court granted Davis a temporary stay of the Injunction Order through August 31, 2015. (Docs. 52, 55.) The Court’s reason for granting the temporary stay was “deference to the Sixth Circuit Court of Appeals . . . to give the appellate court an opportunity to review, on an expedited basis,” Davis’ request for a stay pending appeal. (Doc. 55 at 1.)
The Sixth Circuit entered an order denying Davis’ motion for stay pending appeal by Order dated August 26, 2015. (6th Cir. Case No. 15-5880, Doc. 28-1.) Davis filed today, however, in the Supreme Court of the United States, an emergency application to stay the Injunction Order.
Accordingly, Davis now requests that this Court extend the same deference to the Supreme Court, to give the Supreme Court an opportunity to review and finally decide Davis’ emergency application for stay.
WHEREFORE, defendant/Third-Party Plaintiff Kim Davis respectfully requests that this Court extend the temporary stay of the Injunction Order pending the Supreme Court’s final disposition of her emergency application for a stay pending appeal, by the form of the proposed order attached hereto.
It is doubtful that SCOTUS would grant the “emergency” stay. Davis’ cases hinges on flouting the ruling made BY SCOTUS.
And speaking of that ruling, all requests that come from within the 6th Circuit are routed to Supreme Court Justice Elena Kagen, who sided in favor of marriage equality in the recent historic ruling.
In her filing with SCOTUS, Davis’ lawyers contend that since there are county clerks in Kentucky (several hours away), gays and lesbians can still get married, so what’s the harm?
UPDATE: Federal Judge Bunning denied an extension of his original stay.
We’ll see what SCOTUS says…