Today is Constitution Day and it is also Kim Davis’s birthday! Her First Amendment case presented a question last night during both of the Republican Presidential debates. When asked, Gov. Mike Huckabee, Gov. Jeb Bush, Gov. Bobby Jindal, and Sen. Rick Santorum all agreed Kim Davis should be provided an accommodation for her deeply-held religious convictions.

On Wednesday Liberty Counsel filed a brief in the Sixth Circuit Court of Appeals, arguing that the district court had no authority to expand its original injunction against Kim Davis after she filed an appeal of that injunction. The original injunction was limited to the named Plaintiffs in this case, but the new district court order dated September 3, 2015, broadened this case to cover anyone in the world who seeks a license for same-sex marriage.

It is a basic principle of federal court authority that district courts cannot expand or enlarge injunction orders that are on appeal. 

On one aspect of several appeals, this past Tuesday, in Kim Davis’ appeal against Kentucky Governor Beshear requesting an accommodation, the Sixth Circuit did not grant the injunction pending appeal but at the same time also denied a motion filed by the Governor in which he sought the case to be dismissed.