Month: January 2024

TZP Column: Post Office Gun Ban

Post Office Gun Ban Struck Down
Federal Judge Kathryn Kimball Mizelle, of the Middle District of Florida, ruled that the ban on firearm possession in post offices is unconstitutional, in US v. Ayala. She cites the BRUEN test of general, historical legal tradition.

Mizelle gave the government multiple chances to present some evidence of such historical tradition. The best they could do?

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Biden Off The Ballot In Illinois?

Not bloody likely. But it will be interesting to see the court’s mental gymnastics to rationalize keeping him on it.

Illinois Voters File Objections to Strike Biden From Primary Ballot
The first objection argues that President Biden violated Illinois election law when he opted to have his statement of candidacy notarized by David E. Kalbaugh, the White House executive clerk.

“Biden’s Statement of Candidacy was notarized by David E. Kalbaugh, a Notary Public commissioned in the District of Columbia,” wrote petitioners Beth Findley Smith and Timothy Conrad, both Illinois voters.
But under Illinois law, a candidate’s statement of candidacy “shall be subscribed and sworn to by such candidate before some officer authorized to take acknowledgments of deeds in this State.”

Illinois law is pretty definite: “shall request that the candidate’s name be placed upon the official ballot and shall be subscribed and sworn to by such candidate before some officer authorized to take acknowledgments of deeds in this State“

My first guess is that the judge will try dismissing this due to the plaintiffs somehow lacking standing. Failing that, he’ll suddenly find the magic words in this State… or the equivalent officer of another state or district. The rationale for the latter is what I’m looking forward to.

There’s another petition demanding Gropin’ Joe’s removal from the ballot based on a Fourteenth Amendment, Section claim. That one should be considered DOA; but the plaintiffs’ rationale is actually a bit closer to reality that the 14A claims against Trump.