The Order avoids the Legal Question of whether Kennedy could Remove His Name from the Nov. Ballot, and instead argues that Kennedy wrongly sought Mandamus (i.e., there’s No clear Legal Duty for the Secretary of State to Remove His Name), because the Statute is, at best, Silent about Removal.
Justices Zahra and Viviano offer a “Blistering Dissent,” including: “This sort of formalism would be unique in our law, which eschews reliance on the title of relief sought and looks at the substance of the request. And in any event, Kennedy sought injunctive relief here, one of the many things the majority conveniently overlooks.”
The Decision reverses a Michigan Court-of-Appeals Opinion Friday, that allowed RFK Jr. Not to Appear on the Nov. Ballot.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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