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RFK Jr. Appeals to Supreme Court for NY Ballot Spot

 September 24, 2024

Robert F. Kennedy Jr. has taken an election-related case to the U.S. Supreme Court, seeking to reverse rulings that have removed him from New York’s presidential ballot.

Kennedy's name was disqualified after lower courts determined he falsely claimed residency in New York, where he listed an address in Katonah, but he has now filed an emergency petition with the Supreme Court to reinstate his candidacy, arguing that his removal deprives voters of their right to choose him in the presidential contest, as the Washington Examiner reports.

The case brings attention to the role of third-party candidates in the highly competitive 2024 election.

Kennedy’s ballot access challenges began when courts found his New York residency insufficient for presidential candidacy. The U.S. Court of Appeals for the 2nd Circuit upheld the decision to disqualify him, maintaining that Kennedy did not reside primarily at the Katonah address he listed.

The independent contender has claimed in his legal arguments that he rented a room from a friend in the area and stayed there overnight on at least one occasion, though he did not sign a formal lease.

Legal Team Claims Violation of Constitutional Rights

In his emergency petition to the high court, Kennedy’s team asserts that the residency issue is irrelevant to a presidential campaign and that the court’s ruling places an unnecessary burden on voters. The petition argues that removing him from the ballot violates his First and 14th Amendment rights, claiming that the decision unfairly prevents his supporters from voting for him.

“The address on Kennedy’s petition was and is entirely immaterial -- both to voters and to New York,” his attorneys stated in the appeal. They argue that while residency laws may be relevant for other elections, they should not restrict voters’ ability to choose a presidential candidate.

Swing State Ballot Challenges Follow Trump's Endorsement

Kennedy’s removal from the New York ballot comes amid a broader effort to challenge his candidacy in swing states. These challenges have escalated after Kennedy publicly endorsed former President Donald Trump for the 2024 race. In a recent fundraising email, Kennedy urged voters to back Trump in all states, including swing states, stating, “No matter what state you live in, I urge you to vote for Donald Trump. The reason is that is the only way we can get me and everything I stand for into Washington D.C. and fulfill the mission that motivated my campaign.”

Following his endorsement of Trump, Kennedy has voluntarily withdrawn his name from ballots in several key swing states while choosing to remain on the ballot in others. His strategy appears to focus on redirecting support toward Trump in a bid to influence the outcome of the 2024 election.

Kennedy’s Supreme Court Petition Attracts National Attention

The New York case is the first of Kennedy’s ballot-related challenges to reach the U.S. Supreme Court during this election cycle. His appeal was submitted to Justice Sonia Sotomayor, who has requested responses from New York Attorney General Letitia James and other involved parties by Wednesday afternoon. The case is now in the hands of the nation’s highest court, adding another layer of intrigue to an already unpredictable election cycle.

This legal battle follows a recent decision by the Supreme Court to deny an emergency appeal from another third-party candidate, Jill Stein, to appear on Nevada’s presidential ballot. Stein’s removal was based on similar concerns over ballot qualifications, further highlighting the challenges third-party candidates face in securing ballot access in 2024.

Third-Party Candidates Face Increasing Obstacles

Kennedy’s appeal could have significant implications for third-party candidates across the nation. The case highlights the complex legal hurdles such candidates often encounter in their efforts to be included on ballots. As a well-known figure with ties to the Kennedy family legacy, his candidacy has attracted considerable media attention, yet his ability to impact the election may be curtailed if he is unable to overcome these legal challenges.

His legal team has stressed that the residency dispute in New York should not impede his campaign for national office, pointing to the broader significance of presidential elections that extend beyond state-level qualifications.

What’s Next for Kennedy’s Campaign?

The outcome of this case could influence Kennedy’s broader strategy moving forward. If the Supreme Court sides with Kennedy, it may set a legal precedent that could affect future challenges to third-party candidates. If the court declines to intervene, it could signal that third-party candidates will continue to face significant legal challenges, particularly in battleground states where their presence could impact the final election results.

For now, Kennedy’s supporters are waiting to see how the Supreme Court will respond to his emergency plea. The decision could be a turning point in his bid to stay on the ballot in New York and other states as he navigates an already contentious election cycle.

Conclusion

As the 2024 presidential race intensifies, Robert F. Kennedy Jr.'s battle to remain on the New York ballot underscores the difficulties faced by third-party candidates.

With his emergency petition now in the hands of the Supreme Court, the outcome may have far-reaching consequences for Kennedy’s campaign and those of other independent candidates.

The case also highlights the tension between state residency requirements and national presidential campaigns, setting the stage for a potentially landmark legal decision.