RFK Jr. asks Supreme Court to keep him off Wisconsin ballot

Robert F. Kennedy Jr. asked the Supreme Court Wednesday to remove him from Wisconsin’s ballot, after lower courts ruled his name must remain there as a third-party option for voters, despite his late endorsement of former President Donald Trump.

In his petition for an injunction, Mr. Kennedy’s lawyers say Wisconsin allows major party candidates a month to get on or off a ballot that is not afforded to independent third-party candidates.

Mr. Kennedy has sought to be removed from the ballot since Aug. 23, to no avail. His filing says that was two weeks before the major-party candidates were required to submit their nomination papers.

Mr. Kennedy’s lawyers asked the justices, specifically Justice Amy Coney Barrett who oversees requests out of the 7th U.S. Circuit Court of Appeals where Wisconsin is located, to potentially take the case on expedited review to answer the question on whether leaving someone’s name on a ballot against their will could run afoul of the First Amendment.

“Here, the threat of irreparable harm is particularly stark because this case involves communication about the presidential election from a former candidate who is being forced on the ballot in violation of his First Amendment rights and whose message of support for former President Trump is being compromised. Only an emergency injunction pending appeal will stop this harm,” the petition read.

The Supreme Court previously refused to intervene in RFK Jr.’s request to be reinstated on New York’s ballot after it refused to put him on, over questions related to his residency.

Mr. Kennedy suspended his presidential campaign in August and endorsed Mr. Trump. He has said he will try to get his name removed from ballots in battleground states so as not to hurt Mr. Trump’s chances of winning the White House.

He’s been mostly successful in getting off ballots in critical swing states, but so far courts have ordered that he can’t remove his name in Michigan and Wisconsin.