A Sixth Circuit panel has denied Rowan County Clerk Davis' motion for a stay pending appeal of a district court injunction which requires her to issue marriage licenses to all couples, including same-sex couples. The Court says that Clerk Davis has little to no chance of success in the suit.
From the order:
The injunction operates not against Davis personally, but against the holder of her office of Rowan County Clerk. In light of the binding holding of Obergefell, it cannot be defensibly argued that the holder of the Rowan County Clerk’s office, apart from who personally occupies that office, may decline to act in conformity with the United States Constitution as interpreted by a dispositive holding of the United States Supreme Court. There is thus little or no likelihood that the Clerk in her official capacity will prevail on appeal.
Update 1:
The current temporary stay issued by the district court in this case expires on August 31. So, unless Clerk Davis and Liberty Counsel can convince the SCOTUS to issue a stay, Clerk Davis will have to issue licenses after Monday.