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21 Nov 2015, 5:05 am by Marty Lederman
As I explained in these two posts, the plaintiffs in Miller v. [read post]
7 Oct 2015, 1:59 am by Embajador Microjuris al Día
La Secretaria del condado de Rowan en Kentucky podría estar interfiriendo con las ordenes del tribunal de que se emitieran las licencias de matrimonio en su condado, según alertó el abogado de uno de los empleados de la oficina que lidera la funcionaria. [read post]
24 Sep 2015, 7:01 am by Howard Wasserman
Bunning explained: Had the Court declined to clarify that its ruling applied to all eligible couples seeking a marriage license in Rowan County, it would have effectively granted Plaintiffs’ request for injunctive relief and left other eligible couples at the mercy of Davis’ “no marriage licenses” policy, which the Court found to be in violation of the Supreme Court’s decision in Obergefell v. [read post]
21 Sep 2015, 7:20 pm by Marty Lederman
 They do not invoke the Fourteenth Amendment in so many words but, as I read it, they are alleging that the use of the altered forms violates their rights under the Fourteenth Amendment in two respects:(i) First, although the plaintiffs do not argue that a marriage performed pursuant to such a license would be invalid under Kentucky law (to the contrary--see the quotation from Pinkhasov v. [read post]
21 Sep 2015, 1:15 pm
Marty Lederman pointed out this status report filed today in the Kim Davis case (Miller v. [read post]
8 Sep 2015, 3:55 pm by Lyle Denniston
Although the Supreme Court in late June, in the case of Obergefell v. [read post]
7 Sep 2015, 3:08 pm by Marty Lederman
"  In any event, even if the court were inclined to hear the Kentucky RFRA case, presumably it would be barred by the doctrine of sovereign immunity, see Raygor v. [read post]
3 Sep 2015, 1:45 pm
The clerk is enforcing Kentucky law as written by its people represented through its legislature, not as five unelected jurists in black robes say by fiat that Kentucky law must be.The Supreme Court's majority opinion in Obergefell v. [read post]