LANSING (WWJ) — Despite his objections, the Michigan Supreme Court has ruled Robert F. Kennedy Jr.’s name will appear on the state’s ballot for the Nov. 5 presidential election.
In a majority ruling, the state’s high court on Monday said there was no valid reason to remove Kennedy’s name from the ballot. That ruling reversed an opinion made Friday by the Michigan Court of Appeals, which had said there was no valid reason not to remove Kennedy from the ballot.
Kennedy, nominated by the Natural Law Party in April, asked for his name to be removed from ballots after dropping out of the race and endorsing Republican candidate and former president Donald Trump last month.
The Michigan Supreme Court found that under state law, Secretary of State Jocelyn Benson has no duty to remove Kennedy’s name from the ballot.
The court’s majority wrote, "Assuming, without deciding, that the Court of Appeals was correct in its interpretation of MCL 168.686a(4), 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.’ Thus, the plaintiff has not shown an entitlement to this extraordinary relief, and we reverse."
The prior Court of Appeals ruling had reversed a Court of Claims ruling that ordered Kennedy to remain on the ballot, saying that while his request to be removed from the ballot — made on Aug. 23 — was close to the deadline to give local election officials notice, it “wasn’t so unreasonable as to deny relief to him.”
The Court of Claims ruling also said candidates from minor parties cannot withdraw after accepting their party’s nomination.
Kennedy, the son of former Democratic politician Robert F. Kennedy and nephew of former Democratic President John F. Kennedy, sued Benson a week after the request in order to get off the ballot.
In a separate order Monday, the Michigan Supreme Court ordered independent candidate Cornel West's name will also remain on the ballot. The Court of Appeals previously ruled West will remain on the ballot, as he has been seeking.
Monday's rulings come a day before Trump is set to debate Democratic nominee and current Vice President Kamala Harris in Philadelphia.
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