Politics
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 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
Pro-Palestinian groups have more demands for Democrats
Democrats still have a Gaza problem four months after Kamala Harris’ loss.
A quartet of progressive advocacy groups are asking the Demcocratic National Committee in a new letter to better engage with pro-Palestinian voters, according to a copy shared with Blue Light News — a sign that the party’s rift over the Israel-Hamas war could stretch into the midterms.
In the letter addressed to DNC Chair Ken Martin and Executive Director Roger Lau, IMEU Policy Project, IfNotNow, Gen-Z for Change and Justice Democrats accuse the Harris campaign of taking policy stances and issuing voter-outreach directives that served to “villainize” and “ignore” Democratic voters who were opposed to Israel’s actions in Gaza and wanted the Biden administration to withhold military aid to the country.
That includes limiting follow-up to people who responded to campaign text messages by asking about Gaza, according to a Harris campaign organizer granted anonymity to discuss the internal instruction that was previously reported by NBC News.
The groups are asking the DNC to improve data collection on that front — and to probe the Harris campaign’s actions on the issue as part of Martin’s promised post-election review. They are asking for a meeting with the newly installed chair ahead of the report’s release to discuss their own voter-engagement experiences over Gaza.
They also want Martin to assess whether Harris and President Joe Biden’s stances on Israel and Palestine turned away voters, citing post-election polling from IMEU and YouGov that showed “ending Israel’s violence in Gaza” was the top issue for nearly 30 percent of voters who cast ballots for Biden in 2020 and someone other than Harris in 2024. The economy was a close second.
And they’re angling to limit the influence of a powerful pro-Israel advocacy group, the American Israel Public Affairs Committee, by calling for a ban on super PAC spending in Democratic primaries — a signal of potential intra-party clashes over Israel policy to come.
The DNC did not immediately respond to questions about the letter.
Pro-Palestinian protests last year over the Biden administration’s handling of the war gave rise to a movement of “uncommitted” voters that opened a schism among traditionally Democratic constituencies and damaged Harris in some traditionally Democratic Arab American areas. Leaders in those communities have argued in the weeks and months since Harris’ loss that the then-vice president made strategic errors by refusing to give a Palestinian American a speaking slot at the Democratic National Convention and shutting down protesters at campaign rallies who criticized her solidarity with Biden in supporting Israel.
“The chasm between the Democratic base and the Harris campaign could have been narrowed and course-corrected months prior to the election,” the advocacy groups argued in their letter to Martin. “The pattern of disregarding and ignoring the issues Democratic voters care about, may it be rising costs of living or ending U.S. complicity in war crimes abroad, will not lead to winning elections.”
The letter comes days after the arrest of a Palestinian graduate student involved in anti-Israel protests at Columbia University re-ignited a debate about immigration, free speech and anti-war protests on college campuses. Since President Donald Trump’s victory in November, pro-Palestinian groups in the U.S. have been confronting the challenge of an administration that has been sharply critical pro-Palestinian movement.
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