Wednesday, September 9, 2015

While the Kentucky clerk is released from jail without purging her contempt, two pro se litigants will remain in jail forever until they withdraw their civil counterclaims?

The presidential hopefuls Huckabee and Cruz are celebrating the release from jail of the civil contemnor Kim Davis - even though she adamantly and willfully insists on continuing to refuse to release marriage licenses to same sex couples, and thus never purged her contempt of violating the 1st Amendment by imposing her own religious beliefs upon people she is serving as a public servant who took her office with an oath to uphold that same 1st Amendment.

Yet, in Illinois two pro se individuals are held in jail, and will be held in jail, as the judge reportedly said, forever, until they purge themselves by doing - you know what?  They must withdraw counterclaims in a civil action, undo the act guaranteed by the Illinois and the U.S. Constitution (1st Amendment, Petitions Clause).

So, in the Kentucky clerk's case, it is the Kentucky clerk who defied the U.S. Supreme court order and who willfully violates 1st Amendment rights of same sex marriage couples to be free from actions of public officials establishing their own religion as part of their duties, in violation of their oath of office.

In the Illinois case, pro se litigants are jailed for insisting on their state and federal constitutional right of access to court.

I must stress here that Andrew Harrison and Lyle Harrison are not in jail for filing A NEW LAWSUIT in violation of a court order.

They are in jail because they FILED COUNTERCLAIMS, meaning that they were protecting their position in opposition to the lawsuit that was filed AGAINST THEM.

And, the court is now saying that they may not protect themselves without the court's permission - and should go to jail if they do try to protect their legal position in court? 

So, two civil pro se litigants are going to be held in jail FOREVER - without being charged with any crime, without any discovery, any motion practice, any pre-trial hearings, any jury trials, any conviction or sentencing - simply because they insist on protecting their legal position in a civil case?

And the judges who is doing it, is still on the bench, still holds a law license, and presidential candidates are nowhere around.

So, I guess, the "stubborn" Andrew Harrison and Lyle Harrison are going to sit in that jail forever, while the stubborn Kim Davis was released to the media frenzy and made a poster girl in presidential campaigns. 

Simply because Andrew Harrison and Lyle Harrison are not politically connected, do not play the agenda card of the monied religious conservatives, and simply insist that access to court is their constitutional right that cannot be foreclosed by arbitrary orders by a judge.

There is a lot to be said here about judicial independence in Kim Davis's case.

The judge in the Kentucky case obviously yielded to the political pressure and released Kim Davis from jail, even though she did never purged her contempt and was not going to.

The judge in the Illinois two cases does not want to yield to common sense or constitutional requirements that access to courts simply may not be foreclosed, it is a fundamental right guaranteed by the State and the U.S. Constitution, and is not subject to arbitrary whims of the judiciary.

Will any presidential hopefuls pay a visit to Andrew Harrison and Lyle Harrison or stop children from going to public schools around the jail where Andrew Harrison and Lyle Harrison are held because of a rally they hold in front of the jail?

A rhetorical question, isn't it?

Oh, and yet another question.

Do you think the presidential hopeful Huckabee will be willing to go to jail in Andrew Harrison's or Lyle Harrison's place - as he claimed he wants to in Kim Davis's case?




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