Authored by Tom Ozimek via The Epoch Times,
The Michigan Supreme Court has denied Robert F. Kennedy’s request to have his name removed from the state’s general election ballot, reversing a lower court ruling and closing the last legal avenue available to Kennedy in the case.
In a split 5–2 ruling issued on Sept. 9, the Michigan Supreme Court reinstated the original ruling by the Michigan Court of Claims, which denied Kennedy’s motion for mandamus relief, an extraordinary legal remedy that requires a plaintiff to demonstrate a clear legal right and that the defendant, in this case the Michigan Secretary of State, has a clear duty to act.
The high court ruled that Kennedy did not provide a clear legal basis requiring the removal of his name from the November ballot and failed to identify a law that would leave no room for discretion in this matter on the part of election officials.
“Plaintiff has neither pointed to any source of law that prescribes and defines a duty to withdraw a candidate’s name from the ballot nor demonstrated his clear legal right to performance of this specific duty, let alone