Supreme Court Declines to Remove Robert F. Kennedy Jr. from Ballots in Key Swing States

The U.S. Supreme Court has declined to intervene in the electoral proceedings concerning the removal of Robert F. Kennedy, Jr.’s name from the ballots in Wisconsin and Michigan. Despite Kennedy suspending his presidential campaign in August and endorsing former President Donald Trump, state election officials in these key battlegrounds denied his requests to have his name withdrawn, prompting legal challenges.

In both Wisconsin and Michigan, litigation ensued after Kennedy sought to retract his name from ballots post-suspension. The challenges reached the Wisconsin Supreme Court and the Michigan Supreme Court, with both upholding the decisions of state officials to keep his name on the ballot. These rulings were maintained in federal appeals courts. For the Michigan case, the U.S. Court of Appeals for the 6th Circuit noted that Kennedy’s claims were inadmissible because they had been, or could have been, addressed in state courts. A comprehensive discussion of these events was published on SCOTUSblog.

Kennedy’s argument raised constitutional concerns, asserting that the First Amendment rights were infringed by compelling him to remain on the ballot, thus forcing him to endorse a position he no longer held. However, logistical challenges were cited by the Wisconsin Election Commission, indicating that altering ballots at this stage could lead to significant confusion, a scenario cautioned against under the Purcell principle, which advises against last-minute changes to election procedures.

Despite Kennedy’s appeals for emergency orders, the justices of the Supreme Court, in accordance with their typical procedure, offered no explanation for their decisions to deny them. Notably, Justice Neil Gorsuch dissented in the Michigan case, siding with a minority of conservative judges who believed the state should remove Kennedy’s name from the ballot.

This decision underscores the complex interplay between state election laws, federal constitutional claims, and the procedural doctrines that guide last-minute election litigations. For further details, see the full article hosted by SCOTUSblog.