At the request of the Wisconsin Election Commission (WEC), the state’s Supreme Court decided on Friday to directly review Robert F. Kennedy Jr.’s legal challenge concerning his ballot status, bypassing the intermediate appellate court.

This decision came in response to a ruling from the Dane County Circuit Court earlier in the week, which determined that Kennedy should remain on the ballot.

The Supreme Court stated its intention to expedite its decision, noting, “Given the urgent need for resolution of this appeal, oral argument will not be scheduled.” The court plans to deliver a written verdict as swiftly as possible.

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This move deviates from standard judicial procedure, which typically involves declining early petitions until after an appeal has been fully processed. Justices Rebecca Bradley and Annette Ziegler voiced their disagreement with this approach.

Bradley criticized the majority’s decision on Friday, highlighting a departure from established practices: “The majority’s decision to grant WEC’s petition before it has even responded goes against our previous stance of usually rejecting premature petitions for bypass until briefs are filed with the appeals court. This inconsistency is contrary to foundational judicial principles.”

Kennedy’s attempt to withdraw his name from Wisconsin’s ballot has faced multiple hurdles over several months. Despite ending his presidential campaign and endorsing former President Donald Trump, Kennedy officially requested his removal from the ballot in an Aug. 23 letter to the WEC.

However, when the commission certified presidential candidates five days later, they decided by a 5-1 vote to retain Kennedy on the ballot due to his failure to meet the withdrawal deadline of Aug. 6 set for third-party candidates in relation to the General Election. Consequently, county clerks were instructed to proceed with printing ballots as planned, leading Kennedy to initiate his lawsuit—a lawsuit that was ultimately dismissed by Dane County Circuit Court.

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What are your thoughts on the Wisconsin Supreme Court’s decision to bypass the intermediate appellate court and directly review Robert F. Kennedy Jr.’s ballot challenge?

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