@n8inSLC @thereubeh And, it's clear that the clerk has not permitted the deputies to perform the act for her.
@n8inSLC @thereubeh Even if the clerk is considered a ministerial officer, which I'm not sure about, it's a permissive provision, "may."
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@chrisgeidner@thereubeh but the context is clear that the "may" means at the deputy's discretion, not the clerk's. -
@n8inSLC@thereubeh That is not how I read such a statute. Not at all. -
@chrisgeidner@thereubeh We're talking about a ministerial act—a clerk doesn't have discretion to refuse a marriage license request from a… -
@chrisgeidner@thereubeh …qualified couple, so a clerk can't lawfully forbid a deputy from performing that act on the clerk's behalf. -
@n8inSLC@thereubeh OK. We disagree on this. But, the larger point here is that Bunning has not said, in any event, what he's doing here.
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@n8inSLC@thereubeh Again, as described in the piece, Bunning could use FRCP R. 70 to "appoint" them to do it, but we don't know his reason.Thanks. Twitter will use this to make your timeline better. UndoUndo
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@chrisgeidner@thereubeh KRS doesn't have a definition of a ministerial officer, but issuing marriage licenses is def a ministerial act. -
@n8inSLC@thereubeh I'm sure someone will make an argument, if challenged, that this saves them. I don't think so, and Bunning certainly ... -
@n8inSLC@thereubeh ... still hasn't issued any ruling on this. -
@n8inSLC@thereubeh He should have had a ruling out before the office opened. -
@chrisgeidner@thereubeh I don't disagree with that at all. -
@n8inSLC@thereubeh Thanks for chatting. I added in that information: http://www.buzzfeed.com/chrisgeidner/the-judge-in-the-kentucky-clerk-case-is-making-the-situation#.dfVdzpNVDA … -
@chrisgeidner@thereubeh Absolutely—always a pleasure to talk to someone as interested in procedure as I am.
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