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Kim Davis v. David Ermold, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 17-6119, 17-6120, 17-6226, 17-6233 · judgment August 23, 2019

Certiorari denied · October 5, 2020
Pre-decision estimate: 6% cert probability (95% interval 4%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Sixth Circuit decision below.

Questions presented

The Questions Presented for this Court’s review are:

  1. Whether the Sixth Circuit erred when, citing Obergefell v. Hodges, it created a special standard for a same-sex couple’s claimed temporary burden on the constitutional right to marry, and thereby refused to apply this Court’s tiered “direct and substantial burden” analysis in Zablocki v. Redhail regarding right-to-marry cases for differentsex couples.

  2. Whether the Sixth Circuit erred by refusing to follow this Court’s repeated instruction “not to define clearly established law at a high level of generality,” Ashcroft v. al-Kidd, and thereby rejecting a county clerk’s qualified immunity claim for temporarily suspending all marriage licenses bearing her name and authority in only one of 120 Kentucky counties in the immediate aftermath of Obergefell, while Kentucky’s comprehensive marriage laws and forms that govern every duty of the clerk were being re-written, and while seeking a successful accommodation for her sincerely held religious beliefs.

Counsel of record

For petitioner
Mathew D. Staver

For respondent
Adam Ross Pulver
Public Citizen Litigation Group

Case

Conference history
Distributed for 9 conferences

Amicus briefs
1 cert-stage

Argument & decision

Decided October 5, 2020.

Proceedings

  1. Oct 05 2020
    Petition DENIED. Statement of Justice Thomas, with whom Justice Alito joins, respecting the denial of certiorari. (Detached Opinion)
  2. Jul 15 2020
    DISTRIBUTED for Conference of 9/29/2020.
  3. Jun 25 2020
    Rescheduled.
  4. Jun 22 2020
    DISTRIBUTED for Conference of 6/25/2020.
  5. Jun 16 2020
    Rescheduled.
  6. Jun 15 2020
    DISTRIBUTED for Conference of 6/18/2020.
  7. Jun 09 2020
    Rescheduled.
  8. Jun 08 2020
    DISTRIBUTED for Conference of 6/11/2020.
  9. Jun 02 2020
    Rescheduled.
  10. Jun 01 2020
    DISTRIBUTED for Conference of 6/4/2020.
  11. May 27 2020
    Rescheduled.
  12. May 22 2020
    DISTRIBUTED for Conference of 5/28/2020.
  13. May 20 2020
    Rescheduled.
  14. May 18 2020
    DISTRIBUTED for Conference of 5/21/2020.
  15. May 12 2020
    Rescheduled.
  16. Apr 28 2020
    DISTRIBUTED for Conference of 5/15/2020.
  17. Apr 23 2020
    Reply of petitioner Kim Davis filed.
  18. Apr 10 2020
    Brief of respondents David Ermold, et al. in opposition filed.
  19. Apr 10 2020
    Brief of James Yates and Will Smith in opposition not accepted for filing. (April 28, 2020)( Duplicate submission)
  20. Mar 12 2020
    Brief amicus curiae of Foundation for Moral Law filed.
  21. Feb 19 2020
    Motion to extend the time to file a response is granted and the time is extended to and including April 13, 2020, for all respondents.
  22. Feb 18 2020
    Motion to extend the time to file a response from March 13, 2020 to April 13, 2020, submitted to The Clerk.
  23. Feb 12 2020
    DISTRIBUTED for Conference of 2/28/2020.
  24. Feb 12 2020
    Response Requested. (Due March 13, 2020)
  25. Jan 28 2020
    Waiver of right of respondents James Yates and Will Smith to respond filed.
  26. Jan 27 2020
    Waiver of right of respondent David Ermold and David Moore to respond filed.
  27. Jan 22 2020
    Petition for a writ of certiorari filed. (Response due February 24, 2020)