RFK Jr. Stays on Ballot as Supreme Court Denies Removal Bid in Two Swing States

The Supreme Court has denied Robert F. Kennedy Jr.’s request to remove his name from the presidential ballots in Michigan and Wisconsin, two states critical to the 2024 election. Kennedy, who endorsed Donald Trump in August, argued that his name’s presence on these ballots could mislead voters and inadvertently draw votes away from Trump. Justice Neil Gorsuch offered a rare dissent in the case, questioning the First Amendment implications of forcing a candidate to remain on the ballot.

Kennedy took to social media to decry the decision, stating, “The Supreme Court has unfortunately sided with the Secretary of State of Michigan and Wisconsin, both Democrats, to undermine election integrity.” He warned voters in these states not to be misled, urging them to “Make America Healthy Again” by voting for Trump instead of casting a vote for him.

Kennedy’s legal team argued that Michigan Secretary of State Jocelyn Benson and the Wisconsin Election Commission violated his First Amendment rights. Forcing him to stay on the ballot, his lawyers contended, amounted to compelled speech, as it implies an endorsement of a candidacy he has renounced. A First Amendment argument of this nature was previously presented in a dissent by Justices Chad Readler and Amul Thapar when Kennedy’s case was reviewed in the Sixth Circuit Court of Appeals. Gorsuch, echoing these sentiments, wrote, “If a candidate can’t stop his name from appearing on the ballot, could battleground states put President Joe Biden back on their ballots?”

The election officials of Michigan and Wisconsin, however, argued that removing Kennedy’s name would be logistically impossible at this late stage. They maintained that updating ballots would place a strain on election workers and risk confusion among voters. Yet Kennedy’s camp claims that it’s exactly this confusion that could lead Trump supporters to cast ballots for him mistakenly, potentially costing Trump crucial votes.

With Trump and Vice President Kamala Harris neck-and-neck in both Michigan and Wisconsin, the presence of Kennedy’s name could prove consequential in such a tight race. Both candidates have made Michigan and Wisconsin key focal points in their campaigns, recognizing that these battleground states could decide the outcome of the election.

In the wake of the Supreme Court’s decision, Kennedy urged voters once again not to be misled by his name on the ballot, insisting he is committed to seeing Trump elected. “If you are in Michigan or Wisconsin, please make sure to vote for Donald Trump DO NOT VOTE FOR ME,” he said.

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