The Sixth Circuit Court today agreed to a Liberty Counsel request to consolidate all their various appeals on behalf of Kim Davis. Equality Case Files has the order:
The defendant-appellant moves to consolidate these three appeals for briefing and submission. She also moves to extend the briefing schedule previously set in No. 15-5880 and for leave to exceed the word count limitation in the consolidated briefs. She also moves for a short extension of time for filing the brief in No. 15-5880 pending a ruling on the motion to consolidate, extend, and exceed the word count. In that these appeals arise from different orders entered in the same action, the motion to consolidate for briefing and submission is GRANTED. Further, in recognition that several orders are presented for review, an extension of the word limitation is granted but in lesser amount than requested. The defendant-appellant may file a consolidated principal brief not to exceed 21,000 words and a reply brief that does not exceed 10,500 words. The two groups of appellees (the plaintiff-appellees and the third-party defendants-appellees) are granted leave to file their respective principal appellee briefs that do not exceed 21,000 words in length. The motion for an extension for a 30-day extension in the briefing schedule in 15-5880 is GRANTED.
In court documents filed late Tuesday, Beshear argued that because he never ordered county clerks to do anything in issuing marriage licenses, her lawsuit against him has no merit. Lawyers for Beshear said his letter of June 26 merely informed county clerks of the Supreme Court ruling and added that Kentucky will abide by it. But even if he had not sent the letter, the ruling would still obligate county clerks to issue licenses to same-sex couples, the lawyers said. They disputed Davis’ claim that the governor could have directed the state to issue marriage licenses, relieving Davis and other clerks of the responsibility. “Davis is simply wrong,” they said. “Neither the governor” nor the other state official she sued “is responsible for setting or enforcing marriage licensing policy,” which is the province of the state legislature. The notion that the governor could require licenses to be issued on his authority “demonstrates the absurdity of Davis’ argument.”