I thought it might be helpful to add the following fact, which I haven't seen mentioned in the popular news media.
As explained in
my previous post, Davis is not imprisoned as punishment, but solely to coerce her into compliance with the court's orders. The flip side of this is that if Davis's religious beliefs are really sufficiently sincere that jail will not persuade her to comply with the law, then there is no basis for keeping her in jail since the sole legal basis for it is coercion. Indeed, if Davis can persuade Judge Bunning or an appellate court that imprisonment is not going to change her mind, then they will have to release her, even though she continues to flout the law. See, e.g.,
In re Lawrence, 279 F.3d 1294 (11th Cir 2002) (explaining that "[
i]f the ... judge determines that, although [Davis] has the ability to [comply], [
s]he will steadfastly refuse to do so, the judge will be obligated to release [Davis] because the subject incarceration would no longer serve the civil purpose of coercion").
In due course, Davis will have the opportunity to argue that no matter how long she remains in jail, she will not comply with the court's orders, and if the judge is persuaded that that is true, Davis will be released.