A month after demanding that New York election officials keep his name on that state’s presidential ballot, Robert F. Kennedy Jr. asked the Supreme Court on Wednesday to remove him from the ballot in the battleground state of Wisconsin.
In a longshot emergency appeal, Kennedy argued in part that Wisconsin is violating his First Amendment rights by keeping his name as a choice for voters. Kennedy suspended his independent presidential campaign in August and endorsed former President Donald Trump.
“He wants everyone who will listen to him to vote for Trump,” Kennedy’s attorneys told the Supreme Court. “That is core political speech and it’s protected under the First Amendment.”
Kennedy is attempting to get his name removed from ballots in battleground states but has simultaneously told supporters they can vote for him in other states, where third-party and independent candidates are unlikely to influence the outcome.
In his latest appeal, Kennedy indicated he intends to bring a similar claim to the Supreme Court to get off the ballot in Michigan.
Kennedy filed his latest emergency appeal with Justice Amy Coney Barrett, who handles such requests rising from the Chicago-based 7th US Circuit Court of Appeals, which ruled against him.
In late September, the Supreme Court rejected a request from Kennedy to appear on New York’s presidential ballot. The high court turned away that appeal without comment and there were no noted dissents.
Kennedy’s request was the latest on ballot access to reach the Supreme Court this year, underscoring the potential spoiler role third-party and independent candidates can play in tight elections.
In September, the Supreme Court also denied a request from the Green Party to ensure presidential candidate Jill Stein could appear on the ballot in Nevada.