The Supreme Court has declined an emergency appeal to remove Robert F. Kennedy Jr. from the presidential ballot in Wisconsin and Michigan. Kennedy, who had dropped his independent bid and endorsed Republican Donald Trump, sought to be taken off the ballot in these battleground states. He argued that his continued presence on the ballot infringed upon his First Amendment rights by falsely suggesting he still sought the presidency.
Michigan and Wisconsin officials contended that removing Kennedy's name at this late stage, with early voting already underway, would be logistically unfeasible. In Michigan, more than 1.5 million absentee ballots have been returned, with an additional 264,000 early votes cast. Similarly, over 858,000 absentee ballots have been returned in Wisconsin.
The Supreme Court did not provide a detailed explanation for rejecting the emergency appeal, a common practice in such cases. Justice Neil Gorsuch, however, publicly dissented in the Michigan case.
The presence of independent and third-party candidates on the ballot in swing states is seen as potentially influential in the closely contested presidential race. Kennedy had previously attempted to stay on the ballot in New York but was unsuccessful, a state where his candidacy is not expected to impact the race between Trump and Democrat Kamala Harris.
Following his endorsement of Trump, Kennedy has been working to be removed from the ballot in seven key swing states. Michigan and Wisconsin are the final two states where his name is anticipated to appear.
In Michigan, Kennedy initially won an appeals court ruling but subsequent decisions mandated that he remain on the ballot as the candidate of the Natural Law Party. In Wisconsin, his argument that major parties receive preferential treatment in nominee changes was dismissed by the courts, which ruled that candidates missing deadlines to alter nomination papers must remain on the ballot unless deceased. A proposal to use stickers to cover Kennedy's name was deemed unviable.