There is thus little or no likelihood that the clerk in her official capacity will prevail on appeal.

U.S. District Judge David Bunning of the Eastern District of Kentucky on Aug. 12 rejected Davis’s arguments and ruled for the four couples bringing the case—two same-sex and two opposite-sex. A week later, Bunning said he would stay his order until Aug. 31 unless the Sixth Circuit acted on an appeal first.

In a motion filed with the Sixth Circuit on Tuesday, Davis argued that “county clerks are not mere scriveners for recording a marriage document,” but rather hold a personalized stake in the process in signing and verifying licenses.

In her appeal, Davis requested the circuit court “grant a temporary stay for Davis to submit an emergency application for a stay to the Supreme Court.” The Sixth Circuit issued no such stay in its Wednesday order.

“We’re disappointed with the ruling,” said Mathew Staver, the founder and chairman of Liberty Counsel, the Florida-based public interest firm representing Davis. “If the injunction is just against the office and it’s not against Kim Davis herself, the question has to be fleshed out more: does Kim Davis have to issue the license or can the office issue the license?”

Staver did not rule out a petition to the Supreme Court. “We’ll be discussing that with our client to see which direction she wants to go,” he said.

Related: Ky. Clerk, Couples Clash in Appeals Court Over Marriage Licenses

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