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Supreme Court denies RFK Jr.’s removal from 2 swing state ballots

Signatories of Robert F. Kennedy Jr.'s petition for ballot access in North Carolina were targeted in a text campaign. (Tracy Kimball/The Herald/TNS)
October 30, 2024

The U.S. Supreme Court ruled on Tuesday against former independent 2024 presidential candidate Robert F. Kennedy Jr.’s attempt to have his name removed from the ballot in Michigan and Wisconsin, two states that are expected to play a critical role in determining who will be the next president.

Following Tuesday’s ruling, Kennedy, who previously suspended his campaign and endorsed former President Donald Trump, released a statement on X, saying, “The Supreme Court has unfortunately today sided with the Secretary of State of Michigan and Wisconsin, both Democrats, to undermine election integrity and leave my name on the ballot in both those states. It is a purely political move in the hope that folks who would have otherwise voted for Trump will throw away their vote by voting for me instead.”

Kennedy urged voters to not let the Supreme Court’s decision “undermine” the 2024 election and to “not be fooled.”

“I am off the ballot in every other state I have sought to get of​f of other than Michigan and Wisconsin,” Kennedy wrote. “So, if you are in Michigan or Wisconsin, please make sure to vote for ​Donald Trump — DO NOT VOTE FOR ME. Together we will ​Make America ​Healthy ​Again!”

READ MORE: 2024 candidate’s name removed from swing state ballot

In a petition to the Supreme Court, Kennedy’s legal team claimed that his First Amendment rights were being violated by Michigan Secretary of State Jocelyn Benson and the Wisconsin Election Commission’s decision to force his name to remain on the ballot. On the other hand, Benson and the Wisconsin Election Commission claimed it was too late to remove the former independent candidate’s name from the ballot ahead of the election, according to The Daily Wire.

“By recertifying the ballot to include Kennedy’s name as a presidential candidate, the Secretary has compelled his speech in violation of the First Amendment,” Kennedy’s lawyers wrote in an argument against Benson. “A review of the aforementioned facts clearly demonstrates that Secretary Benson has compelled Mr. Kennedy’s speech and, therefore, violated his Constitutional rights.”

In a dissenting opinion from the Sixth Circuit Court of Appeals prior to Kennedy’s appeal to the Supreme Court, Justices Amul Thapar and Chad Readler said, “This case presents a question of exceptional importance: Does forcing a person onto the ballot compel his speech in violation of the First Amendment? The repercussions of that question are enormous. If a candidate can’t stop his name from appearing on the ballot, could battleground states put President Joe Biden back on their ballots?”

Supreme Court Justice Neil Gorsuch indicated on Tuesday in a dissenting opinion that he agreed with the two Appeals Court justices.