On September 27, the Sixth Circuit ruled 2-1 that Robert F. Kennedy, Jr., must remain on the Michigan ballot. The decision in Kennedy v Benson, 24-1799, will not be published. It is written by Judge Eric L. Clay, a Clinton appointee. It is also signed by Judge Rachel S. Bloomekatz, a Biden appointee. The dissent is by Judge David McKeague, a Bush Sr. appointee.

On September 27, the U.S. Supreme Court refused to put Robert F. Kennedy, Jr. on the New York ballot. He had been kept off because the postal address he used on his declaration of candidacy was determined to be fraudulent, even though he has been registered to vote at that address for decades and even though he does receive postal mail there.

This means that New York will only have two presidential candidates on its ballot. This is the first instance at which a state only had two choices on its presidential ballot since 2012, when Oklahoma was such a state. Earlier instances in the years starting with 1980 were Oklahoma 2008; Oklahoma 2004; and four states in 1984, Florida, Georgia, Missouri, and Oregon. All of the states mentioned in this paragraph except New York have eased their ballot access laws since the election at which only two presidential candidates were on the ballot.

It is likely that New York election officials will now face a very large number of write-ins for president. In 1940, when Communist Party presidential nominee Earl Browder was challenged off the New York ballot, he received 11,321 write-ins. In 2024, there are probably going to be more write-ins than that for several presidential candidates.