Robert F. Kennedy Jr. asked the Supreme Court for an injunction taking him off Wisconsin’s presidential ballot in an emergency request docketed Wednesday.
Since suspending his independent presidential campaign and backing former President Donald Trump, Kennedy has sought to remove his name in key swing states while remaining on the ballot elsewhere.
The Supreme Court previously denied Kennedy’s emergency request to restore his name on New York’s ballot. His petition there was rejected over residency issues.
Now, Kennedy is hoping he can win the justices’ favor as he appeals a ruling from Wisconsin’s high court that refused Kennedy’s demand to be taken off the ballot in the swing state. Third parties could make an outsized impact, with the Decision Desk HQ/The Hill election forecast predicting that Trump and Vice President Harris are nearly tied in the state.
It remains unclear how Kennedy’s request would be implemented, since officials have already been sending out mail ballots. More than 97,000 people voted on the first day of in-person absentee voting in Wisconsin on Tuesday, according to state data.
Kennedy’s lawyers noted they have been fighting to remove his name since August, before the ballot was finalized, insisting they have “diligently pursued” their claims through the state court system.
Kennedy said the Wisconsin Elections Commission effectively requires independent candidates to withdraw their names from the ballot earlier than major party candidates. His lawyers argue the setup violates the Constitution’s guarantee of equal protection.
They also contend that forcibly keeping the candidate’s name on the ballot unconstitutionally compels his speech.
“In Wisconsin, he wants everyone who will listen to him to vote for Trump. That is core political speech and it’s protected under the First Amendment. To ensure that message is conveyed clearly and without confusion, he asked that his name not appear on the Wisconsin ballot. He wanted to be clear: his endorsement was for Trump,” the application reads.
Kennedy’s Supreme Court request asks for an injunction that would take his name off the ballot until the justices resolve those constitutional questions on the merits. Alternatively, Kennedy suggested the justices could go ahead and agree to take up the issues now and set the case for expedited briefing.
The Hill has reached out to the Wisconsin Department of Justice, which is representing the state elections commission, for comment.
