Politics

Robert F. Kennedy Jr. is off North Carolina ballot, thanks to GOP-majority state Supreme Court

Published

1 year ago

November 12, 2024

Robert F. Kennedy Jr. is off North Carolina ballot, thanks to GOP-majority state Supreme Court

In the latest litigation shaping the 2024 presidential electionthe Supreme Court of North Carolina split 4-3 to remove Robert F. Kennedy Jr. from the ballot. The decision siding with the former independent presidential candidate was reached by four Republican justices, over Democratic dissent that accused the majority of abandoning its judicial role.

“Neither party in this case disputes that plaintiff submitted a resignation of candidacy,” Justice Trey Allen noted for the majority in an order on Monday. Kennedy suspended his campaign last month and announced his support for Republican nominee Donald Trump.

“Therefore, by law, a vote for plaintiff in this election will not count,” the majority observed, adding that if Kennedy’s name appeared on the ballot, “it could disenfranchise countless voters who mistakenly believe that plaintiff remains a candidate for office.”

The decision could delay the mailing of absentee ballots by several weeks.

The majority acknowledged that expediting the printing of new ballots “will require considerable time and effort by our election officials and significant expense to the State.” But it said that’s “a price the North Carolina Constitution expects us to incur to protect voters’ fundamental right to vote their conscience and have that vote count.”

While there’s a certain logic to that outcome at first glance, the dissenting justices argued that, at best, the majority doesn’t have the right to reach it.

Though he called the majority’s analysis “entirely reasonable,” fellow Republican Justice Richard Dietz wrote in his dissent that the court’s role “is to follow the law as it is written.” He explained that while state law lets a party’s nominee resign at any time before the state sends out ballots, that’s different from having the candidate’s name removed from the ballot.

In separate dissents, the court’s two Democratic justices were less charitable to the majority.

Justice Anita Earls wrote to express her concern

that contravening state and federal laws to satisfy the shifting desires of a particular political candidate and his political party erodes the rule of law and contributes to a loss of faith in the impartiality of the state judiciary.

She said Kennedy sought removal too late, and the court gave him “special treatment.”

Joined by fellow Democratic Justice Allison Riggs, Earls called out Kennedy’s gamesmanship as part of a strategy to get off the ballot in certain swing states while, for example, fighting to stay on the ballot in states like New York.

“The rules of our elections allow such attempted gaming of the presidential election system when done far enough in advance, but it is not fair to the rest of the state to disregard state election laws to accommodate a late-breaking political strategy,” Earls wrote. “Even a second grader knows it is not fair to change the rules in the middle of the game just because you fear you are not winning.”

Meanwhile, going the other way, Kennedy on Monday lost his effort to stay off the ballot in the battleground state of Michigan.

Subscribe to theDeadline: Legal Newsletterfor updates and expert analysis on the top legal stories. The newsletter will return to its regular weekly schedule when the Supreme Court’s next term kicks off in October.

Jordan Rubin

Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,” a book about the secret war on synthetic drugs. Before he joined BLN, he was a legal reporter for Bloomberg Law.

Politics

Trump plays Texas hold ’em with Senate endorsement

Published

56 minutes ago

March 27, 2026

Blue Light Newsroom

As the MAGA faithful gather for another day of CPAC in Grapevine, Texas, they are openly celebrating what they believe is tantamount to a major midterms victory: keeping President Donald Trump from endorsing John Cornyn ahead of May’s GOP Senate primary runoff.

MAGA world is taking a victory lap — and fresh comfort — in the receipts: A lack of significant spending and polling so far by not only Cornyn’s campaign, but also the NRSC and One Nation, the Senate Leadership Fund-aligned nonprofit. It amounts to a pattern the MAGA cohort reads as Washington making peace with a matchup between Texas Attorney General Ken Paxton, their anointed candidate, and Texas Democratic state Rep. James Talarico.

“The grassroots stood in the breach and said a resounding ‘NO’ to Cornyn,” Steve Bannon, who has framed Paxton’s bid for the nomination as a battle for MAGA’s soul, told Blue Light News. “Polling and spending indicates that the Republican DC establishment reluctantly concurs. This could be the victory that empowers MAGA through the midterms.”

Paxton, though, hasn’t rested his case. He traveled to Mar-a-Lago last Friday for a Palm Beach County GOP dinner, and was spotted speaking to Trump himself, according to three sources familiar.

Trump and Paxton were on the patio, one source added, with another saying the two discussed the runoff. “It was a positive meeting,” said yet another person. A Paxton spokesperson declined to comment on the meeting.

It’s the latest sign of a fierce and feverish effort to keep Trump from endorsing Cornyn.

Even when all signs pointed to a Cornyn endorsement following the longtime senator’s showing in the primary, MAGA faithful kept pressing for Paxton. Now they’re optimistic their guy can come out on top — and they’re still taking shots at Cornyn every chance they get.

“The Cornyn endorsement looks dead, but it’s Trump, so it’s never certain,” a person close to the White House said. “Cornyn sealed his fate by carrying Mitch [McConnell]’s water on that ridiculous gun grabbing bill. No one thought he would be dumb enough to run for reelection after that but here we are.”

Now, Trump may not give an endorsement at all. Or if he does, he may endorse Paxton after the SAVE Act debate in the Senate is over, three sources tell Blue Light News.

“Nothing is dead,” said a source familiar with the president’s thinking. “It’s all just stasis at the moment.”

“It’s looking like he may not endorse at all,” another White House official said. “But it doesn’t seem like he has made up his mind.”

But the endorsement equation in Texas amid the SAVE Act saga is still very much vexing Trump, according to five Republicans in and around the White House. The president, who will not be in attendance at this year’s CPAC, is “being patient” and “trying to exact” a policy win, another person said.

“Trump isn’t going to endorse against Cornyn while the Save America Act is still being debated,” one White House ally said. “So for now I think he stays out, but if Thune files cloture and Paxton continues to lead in every poll then I could see him endorsing Paxton. No question Paxton wins if Trump stays out though.”

Every Republican who spoke to Blue Light News cautioned that Trump could change his mind at any moment. It’s still early for the runoff, they said, with Election Day still nearly two months away. But the deadline for a candidate to drop off the ballot passed last week.

One person familiar told Blue Light News that the Senate Leadership Fund and NRSC aren’t spending in order to conserve resources. “Not cause they are throwing in the towel,” this person said.

The campaign will be spending soon, a Cornyn spokesperson said. “Ken Paxton said he needed $20M to win this primary and he’s barely raised a quarter of that,” said Cornyn campaign senior adviser Matt Mackowiak. “His professional failures and indefensible personal conduct make GOP donors and Texas primary voters deeply uncomfortable.” He added: “We have a plan to win this race and we are executing it. Ken Paxton is busy whining and hiding.”

Chris LaCivita, one of Trump’s top campaign hands who works as a senior adviser for the pro-Cornyn super PAC Texans for a Conservative Majority, said the runoff boils down to a resource equation. “The question remains the same,” LaCivita said. “Does the GOP want to spend $150-200 million holding what should be a safe seat and giving up other opportunities to gain advantage?”

Joanna Rodriguez, a spokesperson for the NRSC, said it’s “been very clear that the fight to protect President Trump’s Senate Majority should not be fought in Texas, and John Cornyn is the only candidate who ensures that does not happen.”

When it comes to money, Republicans are planning for MAGA Inc. to be “responsible for resources needed in a general election if it’s Ken Paxton,” according to two GOP operatives briefed on strategy (one cautioned that “planning is probably more hoping.”). A MAGA Inc. spokesperson declined to comment.

On the sidelines of CPAC, where bedazzled and sequined conservatives gathered for the base’s annual pep rally, the overwhelming feeling was that most Texas GOP primary voters had already made up their minds — and a Trump endorsement in either direction wouldn’t make much of a difference. Some attendees said they viewed Trump’s silence as a nudge toward Paxton.

“Texans — we’re done,” said Gregorio Heise, a Paxton supporter and Republican running for Congress in Rep. Jasmine Crockett’s Dallas district. “It’s already showing, even in the polling. Cornyn doesn’t do what Texans want, and [Paxton] does.”

On Friday night at CPAC, attendees will hear from Paxton, who’s headlining the conference’s Ronald Reagan dinner. Cornyn isn’t planning to attend.

“It’s an opportunity to be able to, you know, share your vision and basically sell yourself to the crowd, to the Texas crowd,” CPAC host and organizer Mercedes Schlapp told Blue Light News. “So Ken Paxton agreed to come, and he has a very high CPAC rating. And you know, we’ve invited Cornyn, and so we are still open. The invitation is still open for John Cornyn to come.”

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