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Rand Paul: 'It's Absurd' That Kentucky Clerk Was Taken Into Federal Custody
Talking points Memo ^ | Sept. 3, 2015 | Caitlin Cruz

Posted on 09/03/2015 1:05:31 PM PDT by z taxman

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To: Jim Robinson
Rand gets one right, even if he is ok with “gay” marriage.

The fact that he (and so many others) is 'ok' with sodomite marriage is the reason this woman is behind bars. The sodomites are using the SC decision to 'target' her.

21 posted on 09/03/2015 1:40:38 PM PDT by who knows what evil? (Yehovah saved more animals than people on the ark...www.siameserescue.com)
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To: z taxman

Why haven’t they jailed the Muslim stewardess who refuses to serve alcohol to passengers on her plane?


22 posted on 09/03/2015 1:50:43 PM PDT by Verginius Rufus
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To: z taxman

Every commercial break on the radio is about the clerk. Now they are claiming she is being aggressive because she won’t allow her charges to issue the licenses. As I understand it, her name would be on the licenses. Regardless, she was elected and a marriage amendment was approved by the state. The law is on her side. Defiance is not hers. It is the court’s. The justices should be held in contempt of the law.


23 posted on 09/03/2015 2:03:14 PM PDT by The Ghost of FReepers Past (Woe unto them that call evil good, and good evil; that put darkness for light..... Isaiah 5:20)
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To: Boogieman
-- They can keep her in jail for contempt indefinitely ... --

Actually, that isn't true. The contempt power is used to force compliance, and once it becomes clear that compliance will not be forthcoming, the contempt power is, in principle, exhausted. The time interval for this is typically on the order of weeks or months, and in no event does it extend for a year.

24 posted on 09/03/2015 2:15:48 PM PDT by Cboldt
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To: z taxman

There must be some mistake. Justice Kennedy assured us this couldn’t happen.


25 posted on 09/03/2015 2:28:18 PM PDT by colorado tanker
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To: Yashcheritsiy
One thing I do know, we definitely need to crowdsource some financial support for her and her family, just in case she decides to go for the long haul.

That's the reason the judge put her in jail, to avoid having a fine paid off by others.

26 posted on 09/03/2015 2:29:31 PM PDT by Major Matt Mason ("Journalism is dead. All news is suspect." - Noamie)
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To: drypowder
(BTW, Muslims don’t mess around, they kill gays)

Read a little about Afghan "dancing boys" (bacha bazi) before you state that too forcefully.

27 posted on 09/03/2015 2:44:50 PM PDT by BwanaNdege ("When the left wins, they're in power; when the right wins, they're in office." - Mark Steyn)
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To: KC_Lion

Well, yeah there is that, but regardless of what the jokers in the national office do or don’t do, every single Republican candidate could be out there making hay out of this on the campaign trail.


28 posted on 09/03/2015 3:10:51 PM PDT by Boogieman
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To: Cboldt

Are you sure about that?

Doesn’t it depend whether it is “civil” or “criminal” contempt? I think “civil” contempt has no set limit on the duration of the sentence and can continue indefinitely until compliance is forthcoming.

What about this guy?

https://en.wikipedia.org/wiki/H._Beatty_Chadwick

Served 14 years for a contempt charged he wouldn’t comply with.


29 posted on 09/03/2015 3:15:47 PM PDT by Boogieman
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To: Jim Robinson
He gets it right but for the wrong reason.

He thinks it a local issue, it's not. This is a national issue and the heart of the issue is who get to define moral and immoral. Traditionally natural law or G*d law defined morality. Not any longer now man via the Supreme court define moral behavior in defiance of G*d teaching. This is a very big deal since a moral people will not obey immoral law. If fact a moral people have a duty to disobey immoral laws. Paul totally misses the real issue.

I used to like Paul but now I see him as a light weight.

30 posted on 09/03/2015 3:33:29 PM PDT by jpsb (Believe nothing until it has been officially denied)
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To: Boogieman
Your cite makes my point. Not that judges follow the principle, but ...

On July 10, 2009, Chadwick was ordered released from prison by Delaware County Judge Joseph Cronin, who determined his continued incarceration had lost its coercive effect and would not result in him surrendering the money.

31 posted on 09/03/2015 5:17:15 PM PDT by Cboldt
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To: Boogieman
...this is an elected official, they do not answer to the judiciary, but are (supposedly) a co-equal branch.

And that, I think, is THE issue here - separation of powers. The fact that she is the elected County Clerk is an extremely big deal, according to the Constitution. Those who point out that she's no different than the SF City Council for creating a "Sanctuary City" are mostly right, except she has the 1st Amendment behind her, and SF doesn't.

32 posted on 09/03/2015 5:17:24 PM PDT by Talisker (One who commands, must obey.)
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To: Cboldt

Couldn’t the governor let her loose via an EO?


33 posted on 09/03/2015 6:52:21 PM PDT by ex91B10 (We've tried the Soap Box,the Ballot Box and the Jury Box; ONE BOX LEFT!)
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To: Arm_Bears

You left out the rope and a tree.


34 posted on 09/03/2015 6:55:34 PM PDT by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: ex91B10
-- Couldn't the governor let her loose via an EO? --

No. The contempt power belongs to the court alone. No statute involved, so there is no criminal violation. Contempt is a prerogative of the court, and is entirely in its control.

If the court abuses this power, it undermines its legitimacy both according to its own rules, and also in the eyes of the public.

Complicating the situation in this case is that the offended judge is a federal judge, outside of the reach of the state. I assume the clerk is incarcerated in a federal facility. If she is incarcerated in a state facility, or if the judge orders the state to incarcerate her, then yes, the governor can tell the feds to stuff it.

35 posted on 09/03/2015 7:30:43 PM PDT by Cboldt
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To: z taxman

“absurd to put someone in jail for exercising their religious liberties”

The same could be said in reference to civil suits against bakers who refuse to make homosexual wedding cakes!


36 posted on 09/04/2015 5:21:23 AM PDT by rfreedom4u (Chris Stevens won't be running for president.)
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To: Arm_Bears

She wasn’t jailed for breaking a law. She was jailed for contempt of court by refusing the judge’s order to issue marriage licenses to same sex couples.

As an elected official she can’t be fired and must be impeached to be removed from office. From what I’ve read she would be re-elected if she chose to run again as most of her county supports her.


37 posted on 09/04/2015 5:23:09 AM PDT by rfreedom4u (Chris Stevens won't be running for president.)
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To: rfreedom4u

Judges can’t make-up law from the bench, although many do.


38 posted on 09/04/2015 6:56:32 AM PDT by Arm_Bears (Biology is biology. Everything else is imagination.)
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To: Arm_Bears

“Sounds as though the judge is inventing law from the bench.”

Just like the Supreme Court.

Fish rot from the head down...


39 posted on 09/08/2015 7:24:21 AM PDT by Boogieman
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To: Cboldt

Well, the principle may be there, but if people can still be incarcerated for that long before some other judge steps in and applies it, then I think, in practice, they can probably keep this woman locked up a long time.


40 posted on 09/08/2015 7:38:38 AM PDT by Boogieman
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