close
close

Association-anemone

Bite-sized brilliance in every update

The US Supreme Court strikes down Kennedy’s ordinance and keeps it on the Michigan ballot
asane

The US Supreme Court strikes down Kennedy’s ordinance and keeps it on the Michigan ballot

WASHINGTON (WXYZ) — The U.S. Supreme Court has rejected a request for an injunction by Robert F. Kennedy Jr. that would have ordered Michigan Secretary of State Jocelyn Benson to remove him from the general election ballot.

According to an order on the Supreme Court’s website, the Court rejected the request, with only Justice Neil Gorsuch dissenting. The order cites this as Gorsuch’s dissent:

I respectfully concur substantially in the reasons delivered by Justices Thapar, Readler, and McKeague. See Kennedy v. Bensoncase no. 24-1799, (CA6, Oct. 16, 2024), pp. 13-19 (Thapar, J., dissenting from the refusal to rehear in banc); id., at 20-32 (Readler, J., dissenting from the refusal of rehearing en banc); id., at 35–37 (McKeague, J., statement on denial of rehearing and denial of rehearing en banc).

The denial comes a day after Michigan Secretary of State Jocelyn Benson filed her response to Kennedy’s injunction request. In her filing, Benson wrote that removing Kennedy was not possible because thousands of ballots had already been cast in the state.

READ THE FULL FILE BELOW:
Kennedy Resp to App for Inj A of WXYZ-TV Channel 7 Detroit on Scribd

Kennedy filed a request Friday for an injunction Brett Kavanaugh, who presides over Michigan’s Sixth Circuit, Kennedy says that by not removing his name, Benson is violating his rights. The case went through both Michigan state and federal district courts, as well as the Court of Appeals for the Sixth Circuit.

READ THE FULL FILE BELOW:
Application for emergency injunction pending appeal of WXYZ-TV Channel 7 Detroit on Scribd

U.S. District Court Judge Denise Hood denied a request for a preliminary injunction in September, a day after hearing arguments from lawyers for Kennedy and attorneys for the Michigan secretary of state’s office.

Kennedy is the presidential candidate from Michigan for the Natural Right Party. However, in late August, he suspended his campaign and threw his support behind former President Donald Trump. Since then, he has fought to get his name off the ballot in several states.

Michigan Secretary of State Jocelyn Benson said in a post on X in August that Michigan law states that candidates who accept a minor party’s nomination will not be allowed to withdraw.

In the 18-page ruling, Hood disagreed with several claims made by Kennedy and his lawyers that he should be off the ballot.

“Plaintiff had an opportunity to raise his additional constitutional claims at the time he filed his original complaint in the Court of Claims. Plaintiff now pleads before this Court seeking a second bite at the apple, to which he is not entitled,” Hood wrote. in the decision.

Kennedy sued Benson on August 30, but at the hearing, Benson’s lawyers said that as of September 17, 90 percent of all ballots had been printed and that it would cost hundreds of thousands of dollars to reprint them alone in Wayne County.

Michigan election law requires absentee ballots to be issued beginning Sept. 26 for voters in the state.

7 News Detroit is reaching out to Benson’s office and will update this story after they have comment.