Posted on 09/08/2015 9:58:13 AM PDT by xzins
Just announced; awaiting article
(Excerpt) Read more at foxnews.com ...
At least the way I'm reading 28 U.S. Code § 566 - Powers and duties, but I'm open to suggestions.
(a)It is the primary role and mission of the United States Marshals Service to provide for the security and to obey, execute, and enforce all orders of the United States District Courts, the United States Courts of Appeals, the Court of International Trade, and the United States Tax Court, as provided by law.(b)The United States marshal of each district is the marshal of the district court and of the court of appeals when sitting in that district, and of the Court of International Trade holding sessions in that district, and may, in the discretion of the respective courts, be required to attend any session of court.(c)Except as otherwise provided by law or Rule of Procedure, the United States Marshals Service shall execute all lawful writs, process, and orders issued under the authority of the United States, and shall command all necessary assistance to execute its duties.(d)Each United States marshal, deputy marshal, and any other official of the Service as may be designated by the Director may carry firearms and make arrests without warrant for any offense against the United States committed in his or her presence, or for any felony cognizable under the laws of the United States if he or she has reasonable grounds to believe that the person to be arrested has committed or is committing such felony.
Cordially,
Uuuuuhhhh, Shep is from Mississippi...:)
Thanks for that info. People here at FR continually amaze me with their comments...such great research. It’s a daily learning experience for me.
So while Judge Bunning can (and did) issue his personal opinion regarding Kim Davis, his personal opinion does not have the force of law. (By the way, check any civics book: a law must originate as a measure proposed in the House or Senate, be passed by both, and then signed by the president. Only then and by this means does anything become law.) Bunning must thus ask (not order) the Executive Branch to enforce his opinion, and if it agrees, it can order its marshals to do so, but the Judicial Branch may order no such thing.
“Uuuuuhhhh, Shep is from Mississippi...:)”
To Florida his senior year in HS.
First job at WJHG in Panama City, Fl.
Became ‘famous’ in Tallahassee during the ‘Gore’ counts when he ‘ran over’ someone trying to save a parking spot for another.
After reading the Code, I must agree. However, this travesty started with the rogue, activist judge overstepping both the Constitution and the laws of the State of Kentucky as they stand now.
I wish we could get our Governor to step up and do the right thing. However, if he does step up, he’ll probably do the wrong thing anyway so maybe it’s best that he doesn’t.
Amen! He is corrupt. You can’t just throw elected officials in jail.
How did she get to this federal court to begin with? Did a U.S. attorney bring charges against her?
I’m sorry I missed the first bit of this whole mess...I was having surgery a few weeks ago, so some details got lost to me.
There is no need for a US Attorney to be involved. People other than US Attorneys file federal suits by the hundred, each day.
The judge's basis for jailing Davis was to compel her to follow his earlier order, against her deeply held religious conviction. Judges have the inherent power to compel performance via use of incarceration. In this case, that power was abused for several reasons. Error in legal logic in the case in chief; it is inappropriate to use the contempt power of incarceration when incarceration will not compel performance; and he is using judicial power to compel a violation of legally recognized conscientious objection.
"The judge's basis for jailing Davis was to compel her to follow his earlier order, against her deeply held religious conviction. Judges have the inherent power to compel performance via use of incarceration. In this case, that power was abused for several reasons. Error in legal logic in the case in chief; it is inappropriate to use the contempt power of incarceration when incarceration will not compel performance; and he is using judicial power to compel a violation of legally recognized conscientious objection."Cboldt, thank you for that wonderfully clear and concise statement about what has happened in this case.
- Cboldt
I wonder if Judge Bunning simply does not know these legally recognized principles, or if he is just a political hack more interested in a leftist outcome than he is with the niceties of jurisprudence and judicial restraint.
Cordially,
should reduce him to the dole the drama queen he is.
yet again this morning the media were saying she should follow the law the SCOTUS has spoken.
When did the courts make law then, because the last time I checked it was up to the legislature.
Seems these homo Nazis and the media bullies have lost what the law is.
what about a certain law called freedom of religion, you know the founding of this country and why people come here in the first place?
5 black robed tyrants say they have spoken and now the media bullies and the homonazis say we should follow their law.
The worst that happens to the trial judge is reversal, and reversal depends on the person wronged having the wherewithal to appeal. "If you don't like the ruling, you can appeal it," is a common refrain, and I submit that many errors are made to demonstrate the heavy hand available to the trial judge.
Bunning is no aberration among judges.
Yes, they must execute all LAWFUL writs.
Was the writ from the judge LAWFUL.
That is the question.
If not, they are not bound to follow.
Yes, the media is an arm of the DNC.
And now that the eGOP has pretty much merged with the dems they have sold out.
No one seems to want to speak the truth about this situation.
This lady was following the laws of her state. The Fed gov, re the 10th amendment, has no right to interfere in such matters. “Supreme” court on down.
It’s that pesky Constitution.
I think that's gone in many states.
So do homosexuals have to get blood tests when getting marriage license?
I do not have direct evidence.
Perhaps this is an important reminder to conservatives that sometimes the people who stand up for what's right are people in some unusual places.
Kim Davis has now decided to leave the Democratic Party. I've checked her county's election statistics; that decision could cause serious problems. There are lots of Democrats in her county — the Democrats have more than a two-to-one advantage in party registration — and it's not just traditional old-school Southern conservative Democrats. Morehead State University is in her county, where Dr. April Miller, the lesbian who wanted to marry Karen Roberts and began this gay marriage fight, is a tenured professor of early childhood education. She was apparently hired a decade ago by the university as an assistant dean, though her faculty page now indicates only her role as a professor, not her role as an assistant dean.
Kim Davis won her last election by only a slim margin despite succeeding her mother in office and having been a deputy clerk for years. It doesn't take much to guess that there's going to be a huge effort to defeat her in the next election, and that there will be a major effort to register college students to vote in Rowan County who might not normally vote, or who might not normally vote in Rowan County.
Getting to govern means getting to 50 percent and winning elections. Sometimes that means working with people who don't agree with us on everything — and sometimes it means conservative Democrats will wake up and realize they're in the wrong party.
Too bad it took going to jail for her to learn that lesson.
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