Oakland County Prosecutor Karen McDonald is asking a judge to refuse the Oxford High School shooter’s request to withdraw his guilty pleas to murder and other charges.

In filings with the court, the prosecution argues the shooter was fully aware of the consequences of his pleas, which resulted in a sentence of life with no possibility of parole.

Prosecutors argue the teenager acknowledged the shootings were premeditated, willful and deliberate and the sentences fit the crimes.

Related: State and county officials not on same page as Oxford shooting victims look for answers

“There was no defect in the plea-taking process; thus, defendant cannot withdraw his plea,” said the prosecution. “Further, defendant testified under oath that he intended to kill; that he acted knowingly; and that his murders were done with premeditation, were willful, and were deliberate…”

Ethan Crumbley, who was 15 years old at the time of the shootings, pleaded guilty two years ago to murdering four students and injuring seven other people. His defense attorneys argue life without parole is too harsh a sentence, citing a troubled home life and the possibility that fetal alcohol syndrome could be a mitigating factor.

Oakland County Circuit Judge Kwame Rowe is now considering the request. There is no specific timeline for a ruling.

The Michigan Supreme Court has refused to hear a case filed by a business group that wants the state to compensate its members for losses due to state-ordered COVID-19 restrictions early in the pandemic.

The Supreme Court’s refusal to hear the case leaves in place a lower court decision that the Macomb County Restaurant, Bar and Banquet Association, unlike its members, was not directly affected by COVID orders and, therefore, does not have standing to sue.

The order from the Michigan Supreme Court was unsigned, but Republican-nominated Justice David Viviano wrote a dissent. He said the question of “associational standing” in the case is worth considering. He also wrote a decision from the court could provide guidance on the limits of state powers in future health emergencies.

Viviano wrote there could be some situations where an association can represent members’ interests without requiring individual businesses to file lawsuits.

“Plaintiff has made a persuasive argument that its interest as an association is sufficient for that purpose,” he wrote. “This is a jurisprudentially significant issue that I believe warrants our careful consideration.”

It is more typical for individual plaintiffs to file lawsuits while organizations representing specific interests can file “amicus” briefs with a court.

Sam Backos is a restaurant owner and a board member of the Macomb County Restaurant, Bar and Banquet Association. He told the Michigan Public Radio Network that a legal technicality should not keep the case from being heard.

“We look at it as, what’s the difference?” he said. “We’re filing a collective argument here to seek some relief. Nobody is discussing the merits of our case. They’re saying, no, you don’t have standing, which we disagree with.”

The Supreme Court order effectively upholds a Michigan Court of Appeals decision from October of 2022, which held a lower court “correctly concluded that plaintiff was not the real party in interest and was not the proper party to bring monetary claims on behalf of its members. Plaintiff made no assertion that the executive orders restricting the food-service industry affected the legal rights of plaintiff itself. That is, it failed to identify any actual controversy between itself and defendants.”

Backos said the Michigan Supreme Court order may have wrapped up the case in state courts, but is not the final word. He said his organization plans to take the case next to the U.S. Supreme and will file early next year.

The Michigan Supreme Court will hear arguments Wednesday on a challenge by a chemical manufacturer to the state’s drinking water rules for perfluoroalkyl and polyfluoroalkyl substances, also known as PFAS.

PFAS are a family of chemicals used in products including clothing, cookware and firefighting foam. PFAS, which are linked to a number of health conditions, are very slow to break down and are often called “forever chemicals.”

The manufacturing company 3M argues the Michigan Department of Environment, Great Lakes and Energy did not follow the required process for promulgating rules to deal with PFAS in drinking water. 

3M says the state failed to provide an estimated cost of complying with the regulations for cleaning up groundwater.

The state says 3M is arguing for a needlessly expansive interpretation of the rules. The state is hoping the justices will reverse lower courts when they issue a decision.

Michigan House Speaker Joe Tate (D-Detroit) will step aside as the Democratic leader as Republicans take control of the chamber next year. 

Tate, Senate Majority Leader Winnie Brinks (D-Grand Rapids) and Gov. Gretchen Whitmer led a Democratic trifecta as their party held all three offices during a consequential session that included strengthening abortion rights and restoring unions’ bargaining power by repealing Michigan’s right-to-work law.

“Come January, we will look for every opportunity to work with our Republican colleagues in a bipartisan manner to put the people of Michigan first,” Tate said in a statement released Wednesday. “We will fulfill our duty as the voice of reason and do our best to make our mark on legislation that moves through the state legislature.”

Tate, who was easily reelected, will continue to represent his Detroit House district.

Representatives Laurie Pohutsky (D-Livonia) and Jason Morgan (D-Ann Arbor) quickly announced they will run for the position of House minority leader. Others could still join the race. The decision will be made in a closed-door meeting of members of the House Democratic caucus in the new term.

The current Republican leader, Representative Matt Hall (R-Richland Township), is widely considered the frontrunner to be the next House speaker. But he could face a challenge by Representative Tom Kunse (R-Clare) or other Republicans interested in leading the House under a GOP majority.

With so many closely contested races in Michigan, authorities are on the lookout for efforts to meddle with elections or harass election workers.

A new state law creates new penalties for election interference. That includes threats to election workers, disrupting polling places and attempting to interfere with absentee vote counting boards, which happened four years ago in Detroit.

Gov. Gretchen Whitmer said Monday that state and local law enforcement agencies are ready.

“We’ve done tabletop exercises for a while and I feel confident that we are prepared, and I remain hopeful that all of this preparation is not necessary, but should it be, we will be on top of it,” she told the Michigan Public Radio Network. “We, of course, are living in unique times and that’s why we have done a lot of work with the Secretary of State’s office and the Attorney General’s office as well as local clerks’ offices to make sure that there are severe penalties for people that mess around, that there’s accountability for those who want to undermine the election.”

The U.S. Department of Justice also announced that it will have election monitors in 27 states, including Michigan. The cities include Detroit, Grand Rapids, Flint, Ann Arbor, Warren and Hamtramck where officials will be on the lookout for voting rights violations. The DOJ has done this sort of monitoring in previous election years.

A pro-Trump Michigan attorney faces a criminal trial starting next month for allegedly tampering with voting machines following the 2020 presidential. Another new law in this election cycle also clarifies that local canvassing boards are required to certify election results based on the numbers provided by local clerks.

Polls suggest the presidential race in Michigan is a toss-up. The U.S. Senate race remains within the margin of error. A few swing Michigan congressional seats will help determine the balance of power in Washington.

And, adding to the existential worries of Michigan politicos, a handful of state House races will decide whether Democrats will continue to control Lansing for another two years, or if Republicans will take the helm for the coming term.

Statehouse Democrats had a good run for the past two years with Democratic Gov. Gretchen Whitmer on the same team and ready to sign their bills. The Senate also has a slim Democratic majority. But the Senate and the governor are not up for election this year.

State House seats — 110 of them — are on the ballot this year. Facing a two-vote Democratic majority, Republicans only have to flip one seat for a tie or two seats for the slimmest of majorities.

State Rep. Bryan Posthumus (R-Rockford) is bullish on GOP prospects this year. Posthumus, a leader of the House GOP campaign team, said Democrats are playing defense across the board.

“You have a Biden-Harris presidency and you have complete Democrat control of the state of Michigan,” he told the Michigan Public Radio Network. “This is going to be a referendum on the California-style progressive policies. It’s made our state [a] more expensive place to live, more difficult to raise a family, more difficult to find a job. That’s what voters are going to be voting on.”

Posthumus said he thinks the House races will be won or lost mostly on local candidates and local issues. He expects House control will come down to three or four races in Battle Creek, Downriver Michigan, Macomb County and Traverse City.

Part of the dynamic at play here is districts recently drawn by the state Independent Citizens Redistricting Commission with the constitutionally assigned task of creating as many competitive districts as possible. It appears to have succeeded.

“That’s kind of what these new districts are about,” said Rep. Penelope Tserneglou (D-East Lansing), the House Democrats’ campaign chair. “We’re going to have more competitive districts as we continue to move forward, and the majorities will always be slim.”

Tserneglou said she is looking for Democratic incumbents, in particular, to outperform the presidential and Senate races at top of the ballot.

“So I think we can [keep a majority], even if we did lose one or both of those other seats — although I don’t see that happening either,” she said, “but I do know that it’s going to be close on all counts.”

Democrats have leaned into some marquee accomplishments of this term — repealing abortion restrictions, for example, along with repealing Republican labor laws, including the anti-union right-to-work law.

Those laws were signed by Republican Gov. Rick Snyder during a period of GOP control.

Republican Brian Calley was Snyder’s lieutenant governor and is now president of the Small Business Association of Michigan. He said the now-repealed labor laws improved the state’s business climate, and dramatic policy shifts from term to term are not good for business.

“Michigan is not a state that operates on the political fringes,” he said. “This is a purple state. It may be the deepest color purple state in the whole country.”

Michigan was the first state to reverse a right-to-work law since the 1960s. Changing longstanding workplace rules was one of the arguments put forward by unions and Democrats when the right-to-work law was adopted in 2012.

Michigan’s competitive House districts in many ways reflect the state’s political complexion as a whole, said Michigan State University political science professor and director of the Institute for Public Policy and Social Research Matt Grossman. He also said  tight margins mean the minority party still has the ability to block legislation, which is an important political negotiating tool.

“So part of power is stopping things from going through as well as getting things to go through,” he said.

That small measure of political power could have a longer-term effect of moderating policymaking at the state Capitol, Grossman said, even if that reality is not reflected so much in apocalyptic political campaign messaging.

A challenge to the state’s rules on water contamination by a group of forever chemicals is on the Michigan Supreme Court’s November oral arguments docket.

The Department of Environment, Great Lakes and Energy’s rules are aimed at PFAS,  a family of chemicals used in clothing, cookware and firefighting foam. PFAS are often called “forever chemicals” because they’re so slow to break down. PFAS have been linked to a variety of conditions and health risks.

The manufacturing company 3M claims the state did not follow the law for promulgating regulations, which includes a requirement to provide an estimated cost of compliance. 3M says that should include the costs of cleaning up drinking water and groundwater. The state says it’s only required to provide an estimate for drinking water cleanup. Lower courts ruled against the state.

The PFAS case is one of a half dozen cases to be argued at the court’s Nov. 13 session. 

Michigan Attorney General Dana Nessel has issued guidance for election workers and law enforcement on everything from new voting laws to dealing with disturbances at polling places.

The 14-page document outlines laws about ballot drop box security, carrying firearms at and near polling places, electioneering near voting locations, the roles of election challengers and dealing with disruptive behavior.

“This guidance is critical to keep us all on the same page, preserve the rights of Michiganders in every community, and to maintain a safe environment at every voting location across the state,” Nessel said Thursday in a Zoom press conference.

One of the points addresses the use of police body cameras at polling places. The advice says officers need to ensure if they are called to a polling place, body cameras cannot violate the right of voters to privately fill out their ballots.

Nessel said law enforcement has a lot of discretion to address threats and disruptions but also a legal obligation to help ensure an orderly election.

“And it’s up to law enforcement from my office to our State Police to sheriff’s departments and local agencies in every community to preserve public safety and help ensure a secure legal voting environment,” she said.

Democratic Congresswoman Elissa Slotkin faced off tonight against former Republican Congressman Mike Rogers in Michigan’s final scheduled U.S. Senate debate of the election season.

The seat is open with the retirement of Democratic U.S. Senator Debbie Stabenow and the race will help determine the make-up of the Senate next year. Polling shows the race is tight.

During the hour-long debate held at the WXYZ-TV studios in Southfield, the candidates were asked about the economy, immigration and the cost of health care.

Gun control was a big difference between the candidates. Slotkin said she supports tougher federal gun laws.

“To me, we have to, as Democrats and Republicans, as gun owners and non-gun owners, go after the No.1 killer of our children in our communities and in our schools, by suicide and by accident, and it is the responsibility of our leaders to protect children,” she said.

Slotkin’s House district includes Oxford, the site of a mass school shooting in 2021.

Rogers said he does not want new gun laws and instead supports better enforcement of existing gun laws and improved mental health services for children.

“We need to enforce the gun laws that we have. We also need to deal with mental health issues that are happening in our schools,” he said. “This generation of Americans is under mental duress and distress like I have never seen before.”

The candidates were also asked about their stances on abortion.

Slotkin said she would support setting in law the standard that existed before the U.S. Supreme Court’s Dobbs decision that ended federal protections of abortion rights.

“If codifying Roe v. Wade came before the U.S. Senate, I would vote for it,” Slotkin said.

Rogers, who has a long record of supporting abortion restrictions, said he would not go against the wishes of voters who adopted a state reproductive rights amendment in 2022.

“I will respect the vote of the people of Michigan that they put as part of the Michigan Constitution,” Rogers said.

On student loan debt, the candidates agreed that a national service program might be an option for dealing with the increasing burden of educational costs and interest on loans. Slotkin also endorsed a 2.5% interest rate cap on student loans.

Absentee voting is already underway in Michigan so this debate could be the closing argument for many voters. Election Day is Nov. 5.

Congresswoman Elissa Slotkin faced off Tuesday night against former Congressman Mike Rogers in their first debate in the race to fill Michigan’s open U-S Senate seat.

The candidates clashed over electric vehicles, abortion rights and their political loyalties.

Rogers, the Republican nominee who served in the House from 2001 to 2015, described Slotkin as a Democrat too aligned with President Joe Biden and Vice President Kamala Harris.

“My opponent has voted 100 percent with the Biden-Harris agenda,” he said during the one-hour faceoff hosted by WOOD-TV in Grand Rapids.

Slotkin, who’s been in Congress since 2019, invited Republicans disenchanted with the GOP under former President Donald Trump to cross over and vote for her.

“For Republicans who feel like their party has left them over the past couple of years,” she said, “you will always have an open door in my office.”

The candidates argued over electric vehicle incentives supported by Slotkin.

“It’s either going to be us or China,” she said. “Right now, China is eating our lunch on these types of vehicles and Michigan has had the experience of missing these trends, right? In the 70s and 80s, we said, oh everyone loves their big cars, no one’s ever going to buy a fuel-efficient vehicle and then the Japanese and the Koreans came in and ate our lunch and we’ve never made up that market share.”

Rogers said that is the wrong approach.

“Why that is a good plan when there are other things we can do?” he said. “The electric grid isn’t even ready to handle it. We’ve got to fix that. We’ve got to make sure that hybrids is an interim step here before you get to the next one. You beat China by selling Americans cars they want to buy.”

Rogers and Slotkin agreed that U.S. energy policy should include wind, solar, fossil fuels and nuclear. They both support re-starting the Palisades nuclear plant in southwest Michigan. It would be the first mothballed nuclear plant in the U.S. to resume operations if that happens.

One issue they disagreed on was abortion rights. Slotkin said she would vote for a federal law to restore in law the Roe v. Wade decision guaranteeing abortion rights that was reversed by the U.S. Supreme Court. She noted Rogers has a record of supporting abortion restrictions throughout his political career.

“Every single time he was casting one of those votes, he was saying something very particular,” she said. “He was saying to women he does not trust you to make your own decisions about your own family planning. Every single time.”

But Rogers said the Supreme Court properly put the question back to states. Rogers said he would not support national laws that interfere with Michigan’s reproductive rights amendment that was adopted by voters in 2022.

Polls show the Senate race in Michigan is within the margin of error. It is one of a handful of races that could determine control of the Senate. There is a second debate scheduled for next week in Detroit.

The U.S. Supreme Court has refused to hear a challenge to Michigan’s constitutional ban on direct or indirect public financial support for non-public schools.

The Mackinac Center Legal Foundation represents five families who argued the 1970 ban violates the U.S. Constitution’s equal protection clause. The parents would like to be able to claim a tax break for private school tuition savings accounts.

A central element of the Mackinac Center’s case was an argument that the amendment is rooted in religious bigotry and animus toward Catholics in particular. That is despite the fact that the amendment is silent on religion.

“The time period that it was passed, 1970,  it was written facially neutral, but the way that it was campaigned upon was very anti-Catholic, and so there is this stigma that has remained with and we were hopeful that the court would recognize that stigma,” said Patrick Wright, the foundation’s legal director.

Lower federal courts held the voter-approved amendment to the state Constitution does not violate religious freedom protections. The Supreme Court refused the appeal without comment.

Douglas Pratt with the Michigan Education Association said that was the right call because, otherwise, the door would be opened to indirect diversions of money from public education.

“Michigan’s Constitution is very clear on public money not going to private schools,” he said. “Voters have stood up against efforts to change that over the years. Taxpayer funds should rightly go to our public schools, where the vast majority of our students attend.”

A group of former state GOP politicians, staffers and consultants announced Thursday that they are endorsing Vice President Kamala Harris for President.

Many members of the group are well-known in state GOP circles and say they hope to move enough other Republicans to vote Democratic to make a difference in the swing state of Michigan.  

Former Congressman Dave Trott, who represented southeast Michigan in the U.S. House from 2015 to 2019, said Republican nominee Donald Trump was a disappointment as president and poses a danger if returned to the White House.

“He’s emotionally, intellectually, psychologically and, of course, morally unfit to be president,” Trott said during an online news conference.

Trott said he voted for Trump in 2016 but then for President Joe Biden four years later. Trott said the Jan. 6 insurrection and Trump’s refusal to accept the 2020 election result confirmed his judgment.

“Now Trump is more dangerous than ever,” Trott said. “He promised to be a dictator on day one. He’s called for the termination of our Constitution. Let me repeat, a candidate for president in this country has called for terminating our Constitution.”

Trott was referring to a December 2022 post on his social media site Truth Social complaining about the outcome of the 2020 election.

“A Massive Fraud of this type and magnitude allows for the termination of all rules, regulations, and articles, even those found in the Constitution,” Trump said. Trump later tried to walk it back, but did not remove the post.

Members of the Michigan Republicans for Harris group say their differences with the Democratic nominee are minimal compared their fears about a second Trump presidency.

Long-time GOP strategist and advisor Bill Nowling said Trump mismanaged the economy and foreign policy when he was in office and on January 6th showed he is a threat to a stable democracy.

“We’ve been down this road before,” said Nowling. “We know where it ends. It ends in tyranny. It ends in protests. It ends in mobs taking over our illustrious capitol.”

The announcement of the Republican group’s support for Harris coincided with Trump’s campaign visit to Saginaw. The region is considered key to winning the battleground state of Michigan.               

Trump’s Michigan campaign spokesperson dismissed the announcement.

“Former Rep. Trott hasn’t been a Republican for years, and frankly no one cares what he says,” said Victoria LaCivita in an email. “Michigan families are worried about paying their bills, putting food on the table, and saving for their kids’ college tuition.

Any ‘Republican’ campaigning for another four years of unfettered illegal immigration and rising prices under Kamala Harris is neither Republican nor worth listening to.”

A federal judge has struck down major portions of Michigan’s sex offender registry law.

The decision potentially affects many thousands of people whose names remain on the sex offender registry through many years of litigation. In some cases, names were supposed to be removed before the Legislature made changes to the law. There are also people on the list who were never charged with a sex crime.

In short, the lawsuit filed by the American Civil Liberties Union of Michigan says changes to the law are unconstitutional because they altered the rules on defendants after their convictions or plea deals. Also, the suit says the law wrongly treats everyone on the registry as though they’re a high risk to public safety. And it argues many of the things people on the registry are required to report to the Michigan State Police — such as email accounts and social media identifying information — do not help law enforcement protect the public and violate First Amendment rights.

U.S. District Court Judge Mark Goldsmith did not strike down the registry entirely, upholding its purpose and rejecting the argument for an individual hearing before anyone can be placed on the registry. But, he wrote, the 2021 version of the law “exacts a heavy toll on registrants.”

“This includes requiring frequent in-person reporting, publishing personal information online, and often requiring registration for life,” he wrote. “Yet, as discussed above, there is a spirited debate regarding its effectiveness, particularly as it relates to reducing recidivism. While it is true that SORA contributes to public safety by deterring first-time offenders and providing members of the public with information they can use to protect themselves, it is not clear that these purposes alone justify the heavy toll on registrants.”

Attorney Miriam Aukerman with the ACLU of Michigan said the decision recognizes much of the law is unfair and doesn’t serve its intended purpose.

 “So there are significant changes that will need to be made to address constitutional flaws found by the court,” she told the Michigan Public Radio Network.

Aukerman said it may take weeks or longer to negotiate with the Michigan Attorney General and the Michigan State Police the details of an order to implement the judge’s decision.

The state could try to appeal the decision.

“In consultation with the Attorney General’s Office, we’re still reviewing the ruling and working to determine next steps,” said Michigan State Police Communications and Outreach Director Shanon Banner. 

Absentee ballots will go in the mail this week to Michigan voters who have requested them. The Thursday mail drop kicks off the early voting season in Michigan headed toward the November elections.

Easier access to absentee and drop off ballots as well as earlier in-person voting are among the voting options available under an amendment to the Michigan Constitution approved by voters in 2022.

There is still time for people to request an absentee ballot, said Christopher Thomas, a former state elections director who’s worked in both Republican and Democratic administrations. He said people already on the absentee ballot list should see ballots in their mailboxes by early October.

“So if the ballots are available as required this Thursday, I would give it at least a week,” he said. “And, of course, you can track your AV ballot.”

The state’s elections website at Michigan.gov/vote allows people to follow their absentee ballot from the request to ensuring it was counted. There is also still time to request a ballot through the website.

Thomas said he expects more than 40% of voters to use a mail-in ballot or a ballot drop box or early in-person voting in this year’s election. Both Democrats and Republicans are encouraging their party’s voters to use any of those methods to cast their ballots before Election Day.

Michigan’s jobless rate ticked up to 4.5% in August, the third month in a row the state unemployment rate has registered a slight increase.

Non-farm payroll jobs dropped by roughly 2,000 in August — a small number compared to a total job count of 4,488,000. Payroll jobs declined by 19,000 over the past three months.

Michigan Bureau of Labor Information Director Wayne Rourke said the state’s job market appears to be settling into more normal patterns after steep losses during the COVID-19 pandemic followed by big job gains and a strong recovery.                

”Everything we’re seeing is pretty incremental,” he told the Michigan Public Radio Network. “There’s not any massive movement in any particular industry that would tell a big story, but we are seeing a general softening in the last few months.”                

Rourke also said a look at the year-to-year data shows the overall state and national job trends are similar even though the U.S. as a whole showed a small boost last month.

“Over the year, Michigan’s unemployment rate is up half a percentage point while the U.S. is up four-tenths of a percentage point,” he said. “So, the trends are really similar and what we’re seeing here is what’s happening nationwide as well.”

Two former top state House Republican staffers will go to trial on allegations they embezzled from political funds for their personal use.

Together and separately, Robert and Anne Minard face more than a dozen felony charges, several with maximum sentences of 20 years in prison. They pleaded not guilty to the charges at a preliminary hearing last month.

East Lansing District Court Judge Molly Hennessey Greenwalt denied a defense motion to exclude evidence seized from the couples’ home under a search warrant. The judge held the warrant sufficiently explained what law enforcement was looking for in seized documents. She then determined the state has enough evidence to send the case to trial in the Ingham County Circuit Court.

The charges allege they embezzled from two political funds and a political action committee that was under their control to cover expenses after they had been separately reimbursed for them.

“The Minards engaged in a vast, complex scheme of fraud, and through this deception, stole hundreds of thousands of dollars from nonprofits and political action committees,” Michigan Attorney General Dana Nessel said in a statement released by her office. “My department is pleased to see this case progress and remains committed to pursuing political operatives who violate the law for their own personal gain.” 

The Minards were top aides to then-House Speaker Lee Chatfield, the Republican leader during the 2019-2020 session. Chatfield also faces corruption-related charges in a separate case.    

Robert F. Kennedy Jr. filed a last-ditch federal lawsuit Thursday in an effort to get his name off Michigan’s presidential ballot. That’s as local clerks are already finalizing ballots for printing.

Kennedy exhausted his appeals in Michigan courts before turning now to federal courts — even though the state’s legal deadline to get ballots to printers is passed. Angela Benander, a spokesperson for Secretary of State Jocelyn Benson, told the Michigan Public Radio Network the filing will not change current plans.

“Clerks are currently in the process of printing ballots to ensure absentee ballots will be delivered to voters by the federal deadlines,” said Benander. She said those deadlines ensure absentee ballots are in the mail to overseas and military voters in time for them to be returned and counted.

The Michigan Supreme Court on Monday held Kennedy’s name would remain on the ballot, which settled the matter in state courts.

Kennedy has had mixed results in having his name stricken from ballots in states where he has already qualified. He suspended his campaign last month and endorsed former President Donald Trump, the Republican nominee.

Michigan Secretary of State said Kennedy waited until it was too late to withdraw as the nominee of the Natural Law Party of Michigan. Kennedy sought and accepted the minor party nomination as a way to get on the Michigan ballot. Withdrawing now would leave the party without a presidential candidate.

But in the lawsuit filed Monday with the U.S. District Court for Michigan’s eastern district, Kennedy argued the state is violating his constitutional freedom of speech and freedom of association rights.

“Keeping Mr. Kennedy off the ballot will also cause no harm to the public,” said Kennedy’s filing. “Conversely, leaving Mr. Kennedy’s name will serve only to mislead voters, upend election and ballot integrity…”

In the filing, Kennedy also complained that he is being held to a different standard than President Joe Biden, who exited the presidential race on July 21 and cleared the way for Vice President Kamala Harris to be nominated.

But there is a critical distinction. Biden was in the race and the presumptive nominee prior to stepping aside. But he was never formally nominated and, thus, never accepted the nomination.

Harris was waiting in the wings when Biden withdrew his name from consideration following a disastrous debate performance against Trump. She was formally nominated by the Democratic National Convention on August 6th, which placed her on Michigan’s ballot.

The state will now have an opportunity to respond to Kennedy’s lawsuit and motion to remove his name. But the court does not have to accept the case or take any other action.

Michigan Secretary of State Jocelyn Benson will tell a congressional panel that “lies,” threats to election workers and foreign interference are big concerns heading into the final weeks of this year’s political campaigns.

According to a copy of her testimony shared with the Michigan Public Radio Network, Benson will say that, although she is an elected Democrat, the role of the secretary of state or other election officials is not partisan or political.

“But it is a role that increasingly forces us — whether we consider ourselves Republicans, Democrats, or independents — to endure threats, harassment, false and malicious attacks on our character and integrity,” she said. “Why? Because of lies — about our work, about the security of our elections and our own integrity.”

Benson will appear alongside a bipartisan group of six secretaries of state, many from states considered competitive in the presidential race. Benson’s statement includes warnings about foreign interference in U.S. elections, and threats and harassment faced by election workers. Her statement also includes concerns about underfunding of elections and the need to maintain and update voting technology.

It is likely Benson can expect to face some tough questions from the Republican-controlled House Committee on Administration.

Read more:

• Benson, election officials hail recent reforms at press conference
• County clerks on security, early voting in the 2024 general election
• What Jocelyn Benson has been doing to protect Michigan’s elections