Michigan’S Supreme Court Has Denied Robert F. Kennedy Jr.’S Request To Have His Name Removed From The Ballot.

The Michigan Supreme Court has rejected Robert F. Kennedy’s plea to remove his name from the ballot in the state’s general election. This decision reverses a previous ruling by a lower court and exhausts all legal options for Kennedy in this matter.

In a divided 5-2 decision issued on September 9, the Michigan Supreme Court upheld the original verdict of the Michigan Court of Claims, which denied Kennedy’s motion for mandamus relief. This legal remedy requires the plaintiff to establish a clear legal right and demonstrate that the defendant, in this case, the Michigan Secretary of State, has a clear duty to act.

The majority opinion states that the plaintiff has not provided any legal basis or clear entitlement to withdraw a candidate’s name from the ballot. Additionally, they argue that no law precisely defines this duty or removes any discretion from the Secretary of State’s judgment. Thus, the appeals court’s decision, which favored Kennedy, was overturned, and the lower court’s decision to dismiss his request with prejudice was reinstated.

Justices Brian K. Zahra and David F. Viviano dissented from the majority ruling. They contended that there is no statute prohibiting Kennedy from withdrawing his candidacy, and there is no practical reason to deny his request to remove his name from the ballot before printing. Their dissent focuses on the potential harm to voters, stating that keeping Kennedy on the ballot would confuse voters and distort the true electoral choice.

“There is, however, a significant cost to the integrity of the election: the voters will be improperly denied a choice between persons who are actually candidates and who are willing to serve if elected,” wrote the dissenting justices. “The ballots printed as a result of the Court’s decision will have the potential to confuse the voters, distort their choices, and pervert the true popular will and affect the outcome of the election.”

Days before the Supreme Court’s decision, the Michigan Court of Appeals argued that Kennedy had an undeniable legal right to withdraw. They emphasized that no specific statute prevented a presidential candidate, even one nominated by a minor party, from stepping down.

“In about 10 battleground states where my presence would be a spoiler, I will remove my name and urge voters not to vote for me,” Kennedy stated.

Miichigan Secretary of State Jocelyn Benson’s office initially denied Kennedy’s withdrawal request, citing state law that restricts minor party candidates from withdrawing after being nominated at a state convention. They also argued that Kennedy’s request came too close to the deadline for printing the ballots.

Kennedy filed a lawsuit challenging the Secretary of State’s refusal to remove his name from the ballot. The Michigan Court of Claims ruled against him, but the Michigan Court of Appeals later ruled in his favor. This prompted Benson’s office to appeal the decision to the state Supreme Court.

Neither Kennedy’s campaign nor Benson’s office has responded to requests for comment on the ruling.

The ruling could have implications for the presidential election, as reports suggest that in swing states like Michigan, Kennedy would draw more votes away from Trump than Vice President Kamala Harris.

This decision aligns with similar legal battles in other states, such as North Carolina and Wisconsin, where Kennedy has encountered opposition to his requests to withdraw from the ballot.