BREAKING NEWS Americans for Citizen Voting files with SCOTUS; Kavanaugh Requests a Response by Noon on Wednesday
By Kristine Christlieb, MFEI News & Commentary Editor
September 1, 2026
Believing the Michigan Supreme Court was not going to act in a timely fashion, Americans for Citizen Voting - Michigan (ACVM) filed an emergency application with the U.S. Supreme Court on Monday, asking Associate Justice Brett Kavanaugh to order state officials to place a proof-of-citizenship constitutional amendment on the November 3 ballot with a request that any order come no later than September 3.
An official with ACVM wrote to supporters, "The Michigan supremes sat on it. Outrageous. So we felt we had no chance."
Justice Kavanaugh responded today, requesting a response to the ACVM's filing by Wednesday, September 2.
The filing, submitted to Kavanaugh in his role as Circuit Justice for the Sixth Circuit, names the Michigan Board of State Canvassers, Secretary of State Jocelyn Benson, and Director of Elections Jonathan Brater as respondents. ACVM argues the state's ballot-certification process denied Applicants due process and equal protection under the Fourteenth Amendment and asks the Court to intervene without waiting for the Michigan Supreme Court to rule.
The Supreme Court's docket in the case, No. 26A275, shows that on September 1, Justice Kavanaugh requested a response from Michigan officials, due by noon EDT on September 2, 2026.
The order from Kavanaugh does not grant or deny relief; it sets a deadline for the state to answer ACVM's application before he decides how to proceed: rule himself, refer the matter to the full Court, or take some other action.
Michigan's ballot must be finalized around September 4, with the Board of State Canvassers scheduled to meet that morning. ACVM is asking the Supreme Court to order the petition onto the ballot before then, arguing that keeping it off would be an irreparable harm no post-election remedy could fix.
This is a developing story and will be updated as the Supreme Court docket is updated.
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