Another court has ruled against former presidential candidate Robert F. Kennedy, Jr. in his quest to have his name removed from Michigan's presidential ballot ahead of the Nov. 5 election.
On Friday, the Cincinnati-based 6th Circuit U.S. Court of Appeals declined to overturn a previous ruling from a federal judge in Detroit who agreed with both Michigan Secretary of State Jocelyn Benson and the Michigan Supreme Court that it was too late to have Kennedy's name removed from the state's presidential ballot.
Kennedy could still appeal the decision to the U.S. Supreme Court, which would be under no obligation to hear the case when justices return to the bench in October for their 2024-2025 term. But with absentee ballots already available to voters in Michigan, it's unclear how removing Kennedy's name could actually work.
The appeals panel ruled 2-1 , with Circuit Judges Eric Clay and Rachel Bloomenkatz affirming a decision made by U.S. District Judge Denise Page Hood. Circuit Judge David McKeague dissented. Clay is an appointee of former President Bill Clinton; Bloomenkatz is an appointee of President Joe Biden and McKeague is an appointee of former President George W. Bush.
"The public interest is perhaps the most paramount here," Clay wrote. "By the time the district court ruled, at least 45 of Michigan’s counties, including its two largest ones, had begun to print ballots. Changing the ballot at this late a date would be even more disruptive. The ballots are now printed."
Kennedy dropped his bid for president on August 23 , when he announced he was endorsing former President Donald Trump. In order to not take votes away from Trump, Kennedy's campaign sought to have his name removed from the ballot in 10 competitive states, including Michigan.
But Kennedy has had mixed success. While his name will no longer appear on presidential ballots in states like Pennsylvania, Arizona and North Carolina, he remains an option for voters in Michigan and Wisconsin.
Before Kennedy's announcement that he wanted to have his name removed from the ballot in Michigan, Benson's office had already stated it was too late. Kennedy originally obtained ballot access through a minor political party, the Natural Law Party of Michigan. But by the time he intended withdraw, the statutory deadline for minor political parties to nominate presidential candidates in Michigan had already passed, Benson's office said.
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In his dissent, McKeague wrote Kennedy was entitled to be removed from the ballot because he no longer is seeking the presidency, which is not conveyed by his remaining on the ballot.
"As it stands, the presidential ballot in Michigan conveys to the public that Kennedy is still seeking votes for the presidency. This is a message that Kennedy expressly disavowed on August 23, and yet it is now perpetuated by Secretary Benson’s actions. Thus, her decision is subject to strict scrutiny, a test which she surely fails," McKeague wrote.
After Benson declined to remove Kennedy from the ballot, he filed a lawsuit in state court. A district judge sided with Benson, but Kennedy was successful at the Michigan Court of Appeals , only to have the Michigan Supreme Court side with Benson again. He then took the case to federal court, where he has so far again been unsuccessful.
Before suspending his campaign, Kennedy had obtained ballot access in Michigan after being nominated by the Natural Law Party of Michigan. In court filings, the party said it wanted Kennedy to remain on the ballot.
Kennedy is the nephew of former President John F. Kennedy, who was assassinated in 1963, and the son of Robert F. Kennedy, who was assassinated while running for president in 1968.
He was in Michigan Thursday and Friday, first holding an event in Bath Township, then appearing at Trump's rally in Walker.
He told supporters at the rally Friday he ended his presidential campaign because he didn’t want to take votes away from Trump.
“So far, they’ve won that battle,” Kennedy said of recent litigation. “So, my name is going to appear on the Michigan ballot. But I don’t want you to vote for me. I want you to vote for Donald J. Trump.”
Election Day in Michigan is Tuesday, Nov. 5. The state is expected to be a key battleground in determining the outcome of the presidential election between Trump and the Democratic nominee, Vice President Kamala Harris.
Contact Arpan Lobo: alobo@freepress.com
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This article originally appeared on Detroit Free Press: U.S. appeals court won't remove Robert F. Kennedy, Jr. from Michigan presidential ballot
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