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Supreme Court Keeps Kennedy, Jr. on Swing State Ballots

 October 30, 2024

The U.S. Supreme Court has decided to keep Robert F. Kennedy Jr. on the ballots in Michigan and Wisconsin, despite his efforts to withdraw following his presidential campaign suspension and endorsement of Donald Trump.

This marks Kennedy's third failed legal attempt to prevent ballots in key states from potentially siphoning votes from Trump, underscoring complex election law dynamics, as the Washington Examiner reports.

In a surprising turn of events over the summer, Robert F. Kennedy Jr. suspended his bid for the presidency.

Shortly thereafter, the son of the late Robert Kennedy announced his endorsement of former President Donald Trump, signaling a major shift in his political stance.

This strategic move prompted Kennedy to seek the removal of his name from ballots in battleground states.

Supreme Court Denies Kennedy’s Requests

The recent Supreme Court ruling upheld decisions from lower state courts, blocking Kennedy's requests to be removed from ballots in pivotal states.

Kennedy's legal challenges argued that remaining on these ballots would detract from the support Donald Trump might receive, potentially dividing conservative votes in these politically significant regions.

The former presidential hopeful also pursued similar actions in more Democrat-leaning states such as New York, although those efforts were similarly unsuccessful. This week, the Supreme Court issued two concise rulings against Kennedy's emergency motions regarding Michigan and Wisconsin.

His legal argument was centered around the notion that state officials violated his constitutional rights. Kennedy contended that his First Amendment rights, focusing on freedom of speech, were infringed upon by keeping his name on ballots against his wishes.

Michigan and Wisconsin Present Challenges

The outcomes in Wisconsin and Michigan present unique challenges. Wisconsin law, for instance, holds that a candidate can only be removed from the ballot under severe circumstances, such as death. Meanwhile, the Michigan Supreme Court reasoned that alterations to the ballot were no longer feasible due to imminent election deadlines.

U.S. Supreme Court Justice Neil Gorsuch expressed dissent regarding the decision in Michigan. He suggested that Kennedy's request to withdraw should have been granted; however, he did not share the same view concerning Wisconsin, aligning with the majority’s decision in that case.

Kennedy's legal journey reveals broader implications for both state election laws and the federal judiciary's stance on ballot management. At the state level, justices in both Michigan and Wisconsin had previously decided against his motions to exit the ballots, thereby maintaining the status quo leading up to the presidential election.

Concerns Over Election Administration

The federal court involved in the Michigan case emphasized the potential repercussions of altering the ballots at this stage. A judge cautioned that removing Kennedy’s name from the ballot could result in significant disruptions. "Plaintiff does not explain how to unring the bell...great harm to voting rights..." the judge noted, highlighting the complexities intertwined with election administration processes.

This perspective underscores the fundamental challenge of balancing timely legal decisions with the practicalities of conducting large-scale elections. Decisions impacting ballots must consider the overarching public interest and the need for a transparent electoral process.

Kennedy’s courtroom defeats parallel earlier refusals by the Supreme Court to address ballot-related issues, such as the case involving Green Party candidate Jill Stein, who was denied ballot access in Nevada this year. Such decisions highlight the judiciary's role in managing electoral disputes.

Implications for Voter Decision-Making

As these legal battles unfold, they carry implications beyond the courtroom. Political strategists and voters alike must navigate an electoral landscape marked by these decisions. The presence of Kennedy on ballots may influence voter behavior, particularly in politically contentious regions.

For Kennedy, remaining on these ballots could lead to unintended political ramifications, especially given his endorsement of Trump. His continued presence could influence swing state dynamics, as voters weigh alternative candidates against mainstream party nominees.

Overall, the court’s decision not to intervene in Kennedy's case reflects a broader hesitance to alter the established ballot process, keeping the focus on streamlined election procedures and voter access.