"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,
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.