Matt Erard, a Michigan Socialist Party activist, has asked the U.S. Supreme Court to hear his ballot access case. The Supreme Court ruled in 1968 in Williams v Rhodes that states cannot make it more difficult for parties to get on the ballot than to stay on the ballot. Specifically, the court ruled against Ohio, partly because Ohio required 15% support to get a new party on the ballot, but an old party could remain on as long as it polled 10% of the vote.

Michigan also requires more support for a new party to get on the ballot than for an old party to stay on the ballot. However, the lower federal courts still refused to invalidate the Michigan law. Here is the Michigan cert petition.