Will Kim Davis go back to jail?

|The Volokh Conspiracy |

Rowan County clerk Kim Davis is out of jail, but it's not so clear she will stay that way. As Marty Lederman notes over at Balkinization, it does not appear that Davis is fully complying with the federal court's order.

When Davis was released, the court ordered that she refrain from interfering "in any way, directly or indirectly" with the issuance of marriage licenses by her deputy clerks. Yet since her release, Davis has apparently insisted on additional modifications to the marriage licenses issued beyond those that were made during her absence, to remove any reference to the clerk's office or even the deputy clerks' position. So, for instance, one issued license that met with Davis's approval listed the name of the issuing deputy clerk, but not the fact that he is a deputy clerk, let alone that it was issued from the county clerk's office.

It's almost as if Davis is more interested in being a martyr for her beliefs than she is in protecting her conscience (and certainly more than she is interested in being a public servant).