A federal appeals court has dealt another setback to Robert F. Kennedy’s effort to remove his name from Michigan’s presidential ballot. A U.S. Sixth Circuit Court of Appeals panel ruled Friday that Kennedy cannot relitigate in federal courts an issue that has been already settled by the Michigan Supreme Court.
“At bottom, Plaintiff’s current lawsuit is a re-run of his first,” wrote Judge Eric Clay in the 2-1 majority opinion. He said once the Michigan Supreme Court settled the question, absent a new set of facts, the law does not allow Kennedy “a second bite at the apple.”
The ruling also upholds a determination by Michigan Secretary of State Jocelyn Benson, a Democrat, that Kennedy missed the deadline to drop out of the race in Michigan.
Appeals Judge David McKeague wrote in a scathing dissent that Kennedy should have been allowed to withdraw.
“This case involves yet another attempt by a state election official to influence the upcoming presidential election by manipulating state election procedures,” he wrote.
Both Clay and McKeague have long histories in Michigan. Clay was named to the court by Democratic President Bill Clinton in 1996. McKeague joined the federal bench in 1991 after being nominated by President George H.W. Bush, a Republican.
The appeals court decision comes a day after absentee ballots started to go in the mail to Michigan voters. There is no word from Kennedy’s attorney on whether an appeal to the U.S. Supreme Court is being considered.
Kennedy has been trying to remove his name from ballots in Michigan, Wisconsin and other battleground state ballots after suspending his campaign and endorsing former President Donald Trump, the Republican nominee.
Kennedy’s effort suffered another setback Friday as the Wisconsin Supreme Court refused to drop his name from the statewide ballot. The Michigan case is unique in that Kennedy is on the ballot as the Natural Law Party of Michigan candidate after seeking and accepting the party’s nomination.
This week, Kennedy asked the Court of Appeals to reverse a decision by a federal judge in Detroit who ruled Kennedy missed the deadline to withdraw. The Michigan Secretary of State argues Kennedy missed the deadline for minor party candidates to withdraw, waited too long to file his lawsuit and only turned to federal courts after losing before the Michigan Supreme Court, which ruled on essentially the same issues.
“Now, ballot printing has been completed, and ballots have been delivered to local clerks and to military and overseas voters,” wrote Assistant Attorneys General Heather Meingast and Erik Grill. “Indeed, under Michigan’s Constitution, voters are entitled to vote an absent voter ballot during the 40 days before an election—which, for the 2024 general election, starts on September 26.”
They also wrote that election deadlines are not set for the benefit of candidates but for voters and to conduct orderly elections.
The final brief filed by Kennedy’s lawyer said the secretary of state is dragging out the arguments past the printing deadline by refusing to comply with his request.
“In fact, the Secretary, by listing Mr. Kennedy on the ballot, is misrepresenting to voters that he is qualified and willing to serve the public if elected,” wrote Kennedy attorney Brandon Debus. “Such a representation is not only incorrect, but it is also prejudicial to voters who reasonably expect that the ballot contain accurate information.”
The state also argues Kennedy should not be allowed to leave the Natural Law Party of Michigan without a nominee, which would jeopardize the party’s ability to automatically qualify for future ballots. The state also argues if he no longer wants to run, Kennedy can simply stop campaigning or ask voters to vote for someone else.
And Kennedy was in Michigan Thursday to ask voters to ignore his name on the ballot and vote instead for Donald Trump. But at the same time he is seeking to remove his name from the Michigan ballot, he is trying to get on the ballot in New York.
