The Wisconsin Supreme Court unanimously ruled that Robert F. Kennedy Jr. will remain on the presidential ballot.
RFK Jr. filed a lawsuit against the Wisconsin Elections Commission, seeking to remove his name from the ballot or require clerks to cover his name with a sticker on each ballot.
WiscNews reports:
In an unsigned ruling, the court decided the case on the narrow grounds that Kennedy failed to demonstrate the Dane County Circuit Court judge who first considered the case erred in ruling last month that it was simply too late for Kennedy to have his name removed from the ballot.
“We emphasize that we are not making any legal determinations on our own regarding the claims made by Kennedy and we are not agreeing with the circuit court’s legal conclusions on those claims,” the decision states. “We simply are unable to make such determinations, given the inadequate briefing presented to us.
“Consequently, because there is no basis in this appeal on which we could determine that the circuit court erroneously exercised its discretion, we must affirm the circuit court’s order denying Kennedy’s motion for a temporary injunction,” the court concluded.
Wisconsin Supreme Court keeps Robert F. Kennedy Jr. on the presidential ballot https://t.co/4B7GGs2TRJ
— Journal Sentinel (@journalsentinel) September 27, 2024
From the Milwaukee Journal Sentinel:
The liberal-majority court on Sept. 20 accepted a petition from the Wisconsin Elections Commission to bypass an appeals court and take the case directly. The court, with some justices dissenting, said it would not hear oral arguments on the case but gave Kennedy’s legal team until noon Sept. 21 to file a brief no longer than 20 pages on the matter.
Chief Justice Annette Kingsland Ziegler joined Justice Rebecca Grassl Bradley in voting not to take the case. The two are both conservatives.
“Process matters. The members of the majority sometimes enforce a rule against ‘premature petitions’ but sometimes they don’t, without disclosing any standards by which they will choose whether to apply it. Such arbitrariness by courts is antithetical to the original understanding of the judicial role,” Bradley wrote.
“The majority’s arbitrariness in following its professed procedure in one case while discarding it in another sends a message to litigants that judicial process will be invoked or ignored based on the majority’s desired outcome in a politically-charged case.”
Kennedy filed the lawsuit against the Wisconsin Elections Commission earlier this month in Dane County, arguing independent candidates are treated unfairly because they operate under different deadlines from party-aligned candidates when it comes to ballot access.
RFK Jr. found success being removed from the ballot in North Carolina.
‘The North Carolina Supreme Court ruled to remove RFK Jr. from the state’s presidential ballot,’ 100 Percent Fed Up noted.
However, Michigan did not yield the same result.
‘The Michigan Supreme Court ruled RFK Jr. will remain on the state’s presidential ballot,’ 100 Percent Fed Up reported.
Read the full ruling from the Wisconsin Supreme Court HERE.
This is a Guest Post from our friends over at 100 Percent Fed Up.
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