Exactly. There is no applicable KY law for her to act on. Insofar as there is written law, without further judicial clarification in detail, the entire law either still applies (with stated limitations) or completely doesn’t - and as such she isn’t issuing such licenses to anybody in accordance with the latter (and correct) perspective.
She CAN’T issue such licenses to ANYBODY. There is no law authorizing her to.
Even if the Kentucky legislature rammed through a bill to make all of the “corrections” consistent with the SCOTUS opinion, nothing would change here.
Kim Davis never argued that the law was invalid, or deficient, or otherwise lacking in wording or authority. She argued that SCOTUS was wrong and that she would not violate her moral position by doing something amoral. She effectively ignored any other course of action that might have bought her some time, skipped right on to the main event, and fell on the sword.
I was likewise arguing yesterday that there’s a lot of KY laws that were being ‘de facto’ re-written on the fly, and that’s also wrong (of course), but Davis seems to have one-upped all of us by just saying “no”. She drew the line and a judge is now trying to sweating her out of that position.
In all honesty, I think her only course of action now (other than staying in jail) is to resign her office, since there’s no longer a battle for her to fight here - her office has capitulated without her. This would also allow her to correctly claim that she never caved on the issue.
After the Supreme Court decided Brown v. Board of Education in 1954, the lower courts began ordering southern public schools to desegregate, even though there were no state laws authorizing that. They didn't order all schools in the South to close.