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Supreme Court Sets Deadline for Letitia James in Kennedy Ballot Case

 September 25, 2024

Robert F. Kennedy Jr. has turned to the U.S. Supreme Court in an effort to have his name restored to New York’s presidential ballot. His name was removed on September 7 following a ruling tied to a residency dispute. Now, the Court has given New York Attorney General Letitia James until Wednesday to file a response to Kennedy's emergency petition.

Kennedy's legal team argues that his temporary residence in Katonah meets the state's residency criteria, Newsweek reported.

The controversy began when a judge decided that Kennedy did not meet New York's requirements, leading to his removal from the ballot. In response, Kennedy filed an emergency petition to the U.S. Supreme Court, hoping to overturn the state ruling.

Supreme Court Justice Sonia Sotomayor has been assigned the case. She set a deadline for Letitia James to respond by Wednesday, giving the New York Attorney General just days to address Kennedy's claims.

Kennedy’s attorneys argue that the petition he filed, which included a temporary address in Katonah, did not mislead voters. They emphasize that the address should not disqualify him from appearing on the ballot.

Constitutional Arguments Raised by Kennedy’s Campaign

Kennedy's team asserts that voters in New York were not deceived by the information provided in his petition. According to his lawyers, the address on the filing is “irrelevant” to voters and to the state's decision-making process. They contend that Kennedy’s supporters “have a constitutional right” to see his name on the ballot, regardless of his current campaign status.

The legal case has raised broader questions about voter rights and the constitutional arguments Kennedy’s team is presenting. The campaign, along with the super PAC American Values 2024, claims that keeping him off the ballot would unfairly deny voters the chance to support their chosen candidate.

Though Kennedy recently endorsed former President Donald Trump after dropping out of the presidential race, his name remains a factor in several states. His campaign continues to work on removing him from ballots in other key states, with mixed success.

Kennedy's Success in Other States and Impact on Trump

So far, Kennedy’s legal efforts have resulted in his name being removed from the ballot in Arizona and North Carolina. However, he remains on the ballot in swing states such as Wisconsin, Michigan, and Nevada. The case in New York marks the first instance where a dispute over Kennedy's ballot access has reached the U.S. Supreme Court.

While Donald Trump is unlikely to win New York, Kennedy's presence on the ballot could still impact the race. According to a Siena College poll conducted in early August, Trump held 39% of the vote in a two-way race against Vice President Kamala Harris. However, when third-party candidates like Kennedy were included, Trump’s support fell to 37%.

Kennedy’s Residency Dispute Becomes Central Focus

The crux of Kennedy’s case lies in the judge’s decision regarding his residency status. Kennedy maintains that his temporary residence in Katonah is sufficient under New York’s legal standards. His legal team has been steadfast in asserting that the ruling was incorrect and that Kennedy meets the state’s requirements.

The focus on the residency dispute brings a crucial element into play—what constitutes residency for candidates in New York? Kennedy’s legal team believes that the interpretation of residency has been overly strict, especially given the nature of his temporary living arrangements.

Supreme Court Case Could Set Precedent

This case is significant not only for Kennedy’s political future but also for the potential legal precedent it could set regarding ballot access disputes. If the U.S. Supreme Court sides with Kennedy, it could have ramifications for how residency requirements are interpreted across the country.

As of now, Kennedy's emergency petition remains in the hands of Justice Sotomayor, with Letitia James expected to defend the state’s decision by Wednesday. Her response could either solidify the state’s position or open the door for Kennedy’s reinstatement on the ballot.

Upcoming Supreme Court Response Awaits

The upcoming deadline for the New York Attorney General’s response will ultimately determine the case's pace. Although the U.S. Supreme Court hasn't decided on hearing it fully, this first step is crucial for both sides.

For Kennedy’s supporters, the case is primarily about their right to vote for him, even after he endorses Trump. "Voters should not be penalized because of a residency technicality."

Meanwhile, New York argues that consistent residency laws are vital to election integrity. Furthermore, the Supreme Court's ruling could impact elections beyond New York.

As a result, the outcome is being closely watched by Kennedy’s supporters, legal scholars, and political analysts. Overall, the stakes are high as Letitia James prepares to defend the state’s ruling soon.