Michigan Supreme Court Decides Robert F. Kennedy Jr. Will Be on Presidential Ballot, Impacting Trump
LANSING, Michigan — The Michigan Supreme Court ruled on Monday that Robert F. Kennedy Jr.’s name will remain on the state’s presidential ballot for the Nov. 5 election, despite his wishes to have it removed.
The court’s majority ruling contradicts a decision made by the Michigan Court of Appeals the previous Friday, which had favored Kennedy’s request to withdraw his name, citing no valid reasons for keeping it on the ballot after he suspended his campaign and endorsed Donald Trump, the former Republican president.
The court’s ruling stated that Kennedy “has not shown an entitlement to this extraordinary relief.”
This decision could potentially benefit Democratic Vice President Kamala Harris while hurting Trump, based on the idea that without Kennedy on the ballot, some of his supporters who recognized his endorsement of Trump might vote for Trump instead.
The specifics of the court’s unsigned order do not clarify whether the majority decision passed with a 5-2 or 4-3 vote. However, Justice Elizabeth Welch, a Democratic appointee, offered a separate concurring opinion, while Justices Brian Zahra and David Viviano, both Republican appointees, expressed dissenting views.
With a slight majority of 4-3, Democratic appointees comprise the court’s members, which officially operates as a nonpartisan court, but its justices are nominated at state conventions by the leading political parties.
The ruling permits election clerks to finalize ballots that include Kennedy’s name and independent candidate Cornel West, along with other contenders, as the Michigan Supreme Court also declined to change a separate Court of Appeals ruling regarding West.
In her concurring remarks, Welch expressed her disagreement with the Court of Appeals’ conclusion that a segment of state law preventing certain candidates from withdrawing their names does not apply to presidential candidates. She also contended that Kennedy’s delay in filing his appeals compromised his case.
“When the plaintiff made his request, the defendant faced a looming deadline for ballot printing that was only two weeks away,” Welch noted.
The dissenting justices, Zahra and Viviano, argued that there is “no provision in law” that supports the rejection of Kennedy’s request to have his name taken off the ballot.
They warned that “Now countless Michigan voters may be misled into voting for a candidate who does not intend to take office.”
Andy Silk, a clothing store owner from Saginaw, expressed disappointment about Kennedy’s decision to exit the presidential race but acknowledged Kennedy’s lack of a viable path to victory.
Silk, who previously identified as a Democrat, is now uncertain how he will vote but is leaning towards supporting Trump, following Kennedy’s endorsement. He also hopes Kennedy might secure a role in a future Trump administration, such as the secretary of health and human services.
The Michigan Court of Appeals had ruled on Friday that Kennedy’s name should be removed from the ballot, granting his earlier request. This decision reversed prior judgments from both a lower court and the Michigan Department of State.
Democrat Secretary of State Jocelyn Benson was stated to have “no basis” for denying Kennedy’s withdrawal request, according to the three-judge panel of the Michigan Court of Appeals.
Kennedy, 70, halted his independent presidential campaign on August 23 and threw his support behind Donald Trump. His campaign sought to be withdrawn from ballots in several key states to prevent splitting the vote with Trump.
The Court of Appeals determined that the section of state law referenced by Benson, which prevented Kennedy from withdrawing, only pertains to state-level candidates, not to presidential candidates like him.
On Friday, the court’s decision overturned a previous ruling from the Michigan Court of Claims, where Judge Christopher Yates stated that minor party presidential candidates cannot withdraw their names from the ballot. Kennedy had previously qualified for the presidential ballot in Michigan under the nomination of the Natural Law Party, and the deadline for minor parties to conduct their nominating conventions had already passed.
Kennedy, son of the late Robert F. Kennedy, who once ran for president and nephew of former President John F. Kennedy, indicated he submitted his notice to withdraw to the state on August 23, but it was ultimately denied.
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