Wisconsin Top Court Sidelines Oral Argument In Kennedy Ballot Case

 September 20, 2024

The Wisconsin Supreme Court's recent decision on Robert F. Kennedy Jr.'s ballot status sets a swift pace for resolving the high-profile electoral dispute.

Channel3000.com reported that the Wisconsin Supreme Court has granted a petition from the Wisconsin Elections Commission to bypass the court of appeals in the case concerning Robert F. Kennedy Jr.'s presence on the November 5 election ballot.

The court has chosen to skip oral arguments and set a tight deadline for written submissions. This decision follows Kennedy’s endorsement of Trump and his subsequent effort to withdraw from the Wisconsin ballot.
However, the Wisconsin Elections Commission ruled to keep his name on the ballot, citing state law. According to the law, independent candidates cannot be removed after filing nomination papers unless they pass away.

Expedited Process And Submission Deadlines

The Wisconsin Supreme Court's decision to bypass lower courts and deny oral arguments signals a desire for a swift resolution to the ballot dispute. Kennedy has been granted permission to file an amended reply brief, not exceeding 4,400 words, by noon on September 21. This tight timeline underscores the urgency of the matter, given the approaching election date.

The court's decision to expedite the process reflects the time-sensitive nature of ballot preparation and distribution. By setting a quick turnaround for written submissions, the court aims to reach a decision that allows for timely ballot printing and distribution to voters.

It's worth noting that the court's decision to deny oral arguments was not unanimous. Justices Annette Ziegler and Rebecca Bradley dissented on this issue.

Legal Challenges And Lower Court Rulings

Kennedy's legal journey to remove himself from the Wisconsin ballot has been marked by setbacks. Following the Wisconsin Elections Commission's decision to keep him on the ballot, Kennedy filed a lawsuit challenging this ruling. However, a Dane County judge sided with the WEC last week, upholding the decision to maintain Kennedy's name on the ballot.

The case then moved to the District 2 Court of Appeals, which accepted it on Wednesday. The WEC was expected to file a response by noon on Friday, but the Supreme Court's intervention has altered this timeline.

Dissenting Opinions And Procedural Concerns

Justice Rebecca Grassl Bradley filed a dissent to the court's decision, raising objections to the majority's approach. Chief Justice Annette Ziegler joined in this dissent. Their primary concern appears to be the court's willingness to take up the case before the WEC had filed a response brief in the appeal.

Justice Bradley pointed out that in previous cases, the majority had denied bypass petitions before all briefs were filed. This departure from past practice suggests that the court views the Kennedy ballot case as particularly urgent or significant.

The dissenting justices' concerns highlight the delicate balance between expediency and established procedural norms in high-stakes electoral cases.

Conclusion

The Wisconsin Supreme Court's decision to fast-track the Robert F. Kennedy Jr. ballot case underscores the urgency of resolving electoral disputes as the November 5 election approaches. By bypassing lower courts and setting tight deadlines for written submissions, the court aims to swiftly determine whether Kennedy's name will appear on Wisconsin ballots. This case highlights the complex interplay between candidate rights, state election laws, and the practical considerations of ballot preparation and distribution.

About Victor Winston

Victor is a freelance writer and researcher who focuses on national politics, geopolitics, and economics.

Top Articles

The

Newsletter

Receive information on new articles posted, important topics and tips.
Join Now
We won't send you spam. 
Unsubscribe at any time.

Recent Articles

Recent Analysis

Copyright © 2024 - CapitalismInstitute.org
A Project of Connell Media.
magnifier