LANSING, Mich. (AP) — The highest courts in two states ruled differently Monday on efforts by Robert F. Kennedy Jr. to be removed from their presidential ballots, with a divided North Carolina Supreme Court affirming he should be omitted and the Michigan Supreme Court reversing a lower court decision and keeping him on.
Kennedy suspended his campaign more than two weeks ago and endorsed Republican nominee Donald Trump. The environmentalist and author has tried to get his name removed from ballots in several battleground states where the race between Trump and Democratic nominee Kamala Harris are expected to be close.
In Michigan, Kennedy sued Secretary of State Jocelyn Benson, a Democrat, on Aug. 30 in an attempt to remove his name from the ballot so as not to siphon votes away from Trump, who won Michigan by about 10,000 votes in 2016. Monday’s decision reverses an intermediate-level Court of Appeals ruling made Friday. It ensures that Kennedy’s name will appear on voters’ ballots in Michigan despite his withdrawal from the race.
The Michigan Supreme Court said in a brief order that Kennedy “has not shown an entitlement to this extraordinary relief."
In North Carolina, the state Supreme Court ruled 4-3 to deny efforts by the State Board of Elections to have the justices consider overturning a Court of Appeals decision on Friday directing that Kennedy be removed from ballots. The Court of Appeals order had reversed a trial judge's ruling the day before that upheld the State Board of Elections' decision to keep Kennedy and running mate Nicole Shanahan on the ballot.
The Democratic majority on the elections board had rejected the request by We The People party of North Carolina — a recently certified party assembled to collect signatures for Kennedy’s candidacy — to withdraw Kennedy from the ballot. The board's majority said it was impractical given actions already completed to begin ballot distribution, including printing and coding tabulation machines. Kennedy sued the next day.
A state law had required the first absentee ballots to be mailed or transmitted to voters who have already asked for them no later than 60 days before the general election, or last Friday. If it had occurred on time, North Carolina would have been the first state in the nation to distribute ballots for the Nov. 5 elections.
The North Carolina Supreme Court ruling means elections officials will have to reprint ballots without Kennedy and reassemble absentee ballot packets. Over 136,000 absentee ballot requests had been made as of late last week. More than 2.9 million absentee and in-person ballots with Kennedy’s name on them had already been printed, according to the state board. Counties must pay for reprinting costs.
Monday evening's order, backed by four of the court's five Republican justices, said it's clear Kennedy resigned as a candidate and that a vote for him would not count.
State attorneys for the board have said it could take two weeks to get reprinted ballots out the door — threatening violation of a federal law requiring absentee ballots be sent to military and overseas voters already requesting them by Sept. 21.
“We acknowledge that expediting the process of printing new ballots will require considerable time and effort by our election officials and significant expense to the State,” the order reads. “But that is a price the North Carolina Constitution expects us to incur to protect voters’ fundamental right to vote their conscience and have that vote count.”
The court's two Democratic justices — Allison Riggs and Anita Earls — and Republican Justice Richard Dietz each wrote separate dissents. Riggs said the “whims" of Kennedy “have been elevated above the constitutional interests" of voters who wanted to vote as soon as possible.
After Monday night’s order, North Carolina board Executive Director Karen Brinson Bell told county election officials not to mail any ballots until a statewide date is set. A potential waiver of the Sept. 21 federal deadline may be necessary, she wrote by email.
On the Michigan Supreme Court, justices nominated by Democrats currently hold a 4-3 majority. That court's order was unsigned, and two Republican-nominated justices wrote a dissenting opinion.
“We can only hope that the Secretary’s misguided action — now sanctioned with the imprimatur of this Court — will not have national implications,” the dissenting justices wrote.
Kennedy was nominated for president by the Natural Law Party in Michigan. Benson, Michigan's secretary of state, had previously cited a state law saying candidates who are nominated and accept a minor party’s nomination “shall not be permitted to withdraw.”
Angela Benander, spokesperson for Benson’s office, said the department is grateful for the high court’s “swift response.”
“Clerks can now move forward with the ballot printing process to ensure absentee ballots will be delivered to voters by the federal deadlines,” Benander said in a statement.
In separate statements, Kennedy attorney Aaron Siri criticized the Michigan ruling but said the North Carolina decision “will assure that nobody in North Carolina votes for a candidate who is no longer running in their state.”
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Robertson reported from Raleigh, North Carolina.
FILE - Robert F. Kennedy Jr. announces he is suspending his presidential campaign at a news conference Friday, Aug 23, 2024, in Phoenix. (AP Photo/Darryl Webb, File)
PHILADELPHIA (AP) — Oh, so this was what Atlanta expected out of $180 million lavished on Kirk Cousins.
Certainly not a shaky effort like the 36-year-old veteran had in the opener, raising concerns in the loss about the quarterback's return to form from a torn Achilles tendon.
Cousins calmed fears down the stretch and made all the clutch throws in Philadelphia his counterpart Jalen Hurts could not — and sent the Falcons home winners.
Cousins led a flawless last-minute drive for Atlanta and connected with Drake London for a 7-yard touchdown with 34 seconds left to give the Falcons a 22-21 victory over the Eagles on Monday night.
“He went out and played important in the biggest moments in the biggest times,” Falcons coach Raheem Morris said. “Those are things you want to have happen when you have a chance to go out there and get wins. It was great to see today with Kirk Cousins.”
Saquon Barkley dropped a short pass that stopped the clock with 1:46 left and forced the Eagles to settle for a field goal instead of a game-sealing first down. That was plenty of time for Cousins — especially against an Eagles defense playing soft coverage with a nonexistent pass rush.
Cousins, playing his second game since tearing his Achilles tendon last Oct. 29 while playing for Minnesota, shook off an uneven effort and hit Darnell Mooney for 21 and 26 yards on consecutive plays during the decisive drive.
Cousins found London on a short pass to his right and he torched Darius Slay for the tying score, and Younghoe Koo put Atlanta (1-1) on top with a 48-yard extra point after London was flagged for unsportsmanlike conduct. The go-ahead drive took just 65 seconds.
“We saved just enough time for those guys to go down and march down and get that game-winning touchdown,” Morris said.
Cousins was 5 of 6 six for 70 yards on the final drive.
“That's how you put together a great season,” Cousins said. “When you have these games that could go either way, you find a way to have it break your way. That’s the way this league is and so when we can find those inches, it can really change the tale of the season.”
Hurts had his final pass intercepted by Jessie Bates III to seal Atlanta’s win and set off a wild celebration on the sideline.
The Eagles (1-1) went ahead on Hurts' 1-yard tush push score with 6:47 left. Barkley finished with 95 yards on 22 carries in his home debut for Philadelphia, but his drop provided the Falcons with some hope.
And then Cousins started playing like the QB Atlanta thought it was getting when it signed him to a four-year, $180 million contract.
Cousins finished 20 of 29 for 241 yards and two touchdowns. Atlanta’s first TD was a 41-yarder from Cousins to Mooney, who finished with three catches for 88 yards.
All critical plays leading up to the final drive.
“When you’re down six, you can certainly, go for broke, but we just tried to take what they gave us and move our way down the field,” Cousins said. “And we were able to get some chunks that basically got us down there, low enough where the clock wasn’t really our enemy.”
Hurts was 23 of 30 for 183 yards, including a touchdown pass to DeVonta Smith. With No. 1 receiver A.J. Brown out with a hamstring injury, Smith led the Eagles with seven catches for 76 yards and a score.
Jake Elliott kicked two field goals for the Eagles. His 28-yarder with 1:39 left made it 21-15.
Atlanta kept stalling in the red zone, getting three field goals from Koo, before Cousins fired over the middle to Mooney, who shook loose from C.J. Gardner-Johnson and left him on the turf before he somersaulted into the end zone with 1:21 left in the third quarter for a 15-10 lead. Cousins failed on the 2-point conversion pass.
Hurts had some juice in his step during a second-quarter TD drive, running with abandon for big plays much like he did in the 2022 season. He spiked the ball in a rare, raw show of emotion on a 23-yard run, earning a delay-of-game penalty. He shrugged off the 5-yard setback and scrambled for 9 yards and 15 yards to move the Eagles to Atlanta’s 19.
With comedian Shane Gillis and actor Bradley Cooper among the fans cheering on the Eagles, Hurts connected with Smith in the back of the end zone for a 7-yard TD that made it 7-3.
Koo kicked field goals of 39, 22 and 34 yards, the last one enough for a 9-7 lead in the third quarter.
“They made a couple more plays than we did down the stretch. We made some plays; they made more,” Eagles coach Nick Sirianni said. “And that’s on all of us. That starts with coaching and goes to the players. We are all responsible for the loss.”
Rather than take a chip-shot field goal from Elliott, the Eagles’ fourth-and-4 gamble at Atlanta’s 9-yard line in the first quarter failed when Hurts threw an incomplete pass.
Elliott kicked a 29-yarder with 4:31 left in the third quarter for a 10-9 lead.
Bijan Robinson ran for 97 yards for the Falcons. The Eagles stuffed him late on fourth-and-1 at the Atlanta 39.
Barkley was quiet until the go-ahead drive, a week after he rushed for 109 yards and scored three touchdowns against Green Bay. Eagles fans booed when the opening drive of the game ended without Barkley touching the ball. They went wild when he had consecutive 9-yard runs to open the second drive. Barkley had 40 yards rushing in the first half.
Former Eagles QB Nick Foles, who led the franchise to its only Super Bowl title, served as an honorary captain and led the crowd in a rendition of “Fly, Eagles, Fly.”
The Falcons played without LB Nate Landman (calf, quad).
Atlanta hosts Super Bowl champion Kansas City on Sunday.
The Eagles play at New Orleans on Sunday.
AP NFL: https://apnews.com/hub/nfl
Atlanta Falcons wide receiver Drake London reacts to scoring a touchdown during the second half of an NFL football game against the Philadelphia Eagles on Monday, Sept. 16, 2024, in Philadelphia. (AP Photo/Matt Rourke)
Atlanta Falcons safety Jessie Bates III (3) reacts to intercepting a pass during the second half of an NFL football game against the Philadelphia Eagles on Monday, Sept. 16, 2024, in Philadelphia. (AP Photo/Matt Slocum)
Atlanta Falcons wide receiver Drake London (5) celebrates his touchdown with Atlanta Falcons guard Chris Lindstrom (63) during the second half of an NFL football game against the Philadelphia Eagles on Monday, Sept. 16, 2024, in Philadelphia. (AP Photo/Matt Rourke)
Former Philadelphia Eagles' Nick Foles, third from right, walks with Philadelphia Eagles' Brandon Graham, from left, Jordan Mailata and Darius Slay Jr. as they honor Foles' retirement before an NFL football game against the Atlanta Falcons on Monday, Sept. 16, 2024, in Philadelphia. (AP Photo/Matt Rourke)
Philadelphia Eagles running back Saquon Barkley (26) is brought down during the first half of an NFL football game by Atlanta Falcons' Jessie Bates III, left, on Monday, Sept. 16, 2024, in Philadelphia. (AP Photo/Matt Slocum)
Philadelphia Eagles running back Saquon Barkley, left, is tackled by Atlanta Falcons linebacker Kaden Elliss (55) after a catch during the second half of an NFL football game Monday, Sept. 16, 2024, in Philadelphia. (AP Photo/Matt Slocum)
Atlanta Falcons quarterback Kirk Cousins (18) looks to pass during the first half of an NFL football game against the Philadelphia Eagles on Monday, Sept. 16, 2024, in Philadelphia. (AP Photo/Matt Rourke)
Atlanta Falcons quarterback Kirk Cousins is stopped by Philadelphia Eagles defensive end Brandon Graham (55) during the first half of an NFL football game Monday, Sept. 16, 2024, in Philadelphia. (AP Photo/Matt Rourke)
Philadelphia Eagles wide receiver DeVonta Smith celebrates his touchdown during the first half of an NFL football game against the Atlanta Falcons on Monday, Sept. 16, 2024, in Philadelphia. (AP Photo/Matt Slocum)
Philadelphia Eagles quarterback Jalen Hurts (1) looks to pass during the first half of an NFL football game against the Atlanta Falcons on Monday, Sept. 16, 2024, in Philadelphia. (AP Photo/Matt Slocum)
Philadelphia Eagles quarterback Jalen Hurts warms up before an NFL football game against the Atlanta Falcons on Monday, Sept. 16, 2024, in Philadelphia. (AP Photo/Matt Slocum)
Philadelphia Eagles quarterback Jalen Hurts (1) runs past Atlanta Falcons defensive tackle David Onyemata (90) during the first half of an NFL football game Monday, Sept. 16, 2024, in Philadelphia. (AP Photo/Matt Slocum)
Philadelphia Eagles quarterback Jalen Hurts (1) runs past Atlanta Falcons defensive tackle David Onyemata (90) during the first half of an NFL football game Monday, Sept. 16, 2024, in Philadelphia. (AP Photo/Matt Slocum)
Atlanta Falcons quarterback Kirk Cousins (18) throws during the first half of an NFL football game against the Philadelphia Eagles on Monday, Sept. 16, 2024, in Philadelphia. (AP Photo/Matt Slocum)
