Michigan Supreme Court Denies RFK Jr.'s Request to Withdraw From Ballot
The Michigan Supreme Court has rejected Robert F. Kennedy's appeal to remove his name from the state's general election ballot. This decision overturns a lower court ruling and concludes the last legal option available to Kennedy in this matter.
Details of the Ruling
On September 9, the Michigan Supreme Court, in a 5–2 decision, reinstated the initial ruling by the Michigan Court of Claims. This court had previously denied Kennedy's request for mandamus relief, a special legal remedy that necessitates the plaintiff to demonstrate a clear legal right and the defendant, in this case, the Michigan Secretary of State, to have a clear duty to act.
The Supreme Court ruled that Kennedy failed to provide a clear legal basis requiring his name to be removed from the November ballot. He also did not identify a law that would leave no room for discretion on the part of election officials.
Majority Opinion
According to the majority opinion, "Plaintiff has neither pointed to any source of law that prescribes and defines a duty to withdraw a candidate’s name from the ballot nor demonstrated his clear legal right to performance of this specific duty, let alone identified a source of law written with ‘such precision and certainty as to leave nothing to the exercise of discretion or judgment.’" This statement reversed an appeals court’s decision that sided with Kennedy and reinstated the lower court’s decision that dismissed his request with prejudice.
Dissenting Opinion
Michigan Supreme Court Justices Brian K. Zahra and David F. Viviano dissented. They contended that there was no statute preventing Kennedy from withdrawing from the election and no practical reason to deny his request to remove his name from the ballot before ballots were printed. They argued that keeping Kennedy on the ballot could confuse voters and distort the true electoral choice.
Kennedy's Withdrawal from the Presidential Race
Kennedy, who was nominated by the Natural Law Party, withdrew from the presidential race on August 23 and endorsed former President Donald Trump. He expressed his wish to have his name removed in key swing states to avoid drawing votes away from the former president.
Michigan Secretary of State Jocelyn Benson’s office initially refused Kennedy’s withdrawal request, citing state law that restricts minor party candidates from withdrawing after being nominated at a state convention. Benson’s office also argued that Kennedy’s withdrawal request was too close to the ballot printing deadline.
Legal Battles in Other States
The decision mirrors similar legal battles in other states, including North Carolina and Wisconsin, where Kennedy has faced opposition to his ballot withdrawal requests. The ruling could have implications for the presidential election, as reports have indicated that in swing states like Michigan, Kennedy would take more votes away from Trump than Vice President Kamala Harris.
Bottom Line
The Michigan Supreme Court's decision to deny Robert F. Kennedy's request to remove his name from the state's general election ballot is a significant development in the legal battles surrounding the upcoming elections. The ruling could potentially influence the outcome of the presidential election, especially in swing states like Michigan. What are your thoughts on this matter? Please share this article with your friends and let us know your opinions. Don't forget to sign up for the Daily Briefing, which is delivered every day at 6pm.
