Evidence from 2024 shows that the DNC and Democratic-aligned groups did, in fact, mount a coordinated legal campaign to limit RFK Jr.–Nicole Shanahan ballot access, including in key battleground states.

The DNC created a dedicated third‑party team and worked with Democratic strategists’ super PAC Clear Choice Action, which was explicitly founded to minimize third‑party impact and, together with the DNC, filed legal challenges to Kennedy’s ballot petitions in multiple states.(en.wikipedia.org)

By late June 2024, CBS reported that Kennedy was already facing ballot‑access lawsuits in five states—Nevada, New York, North Carolina, Delaware, and New Jersey—brought by Democratic state parties, DNC‑aligned PACs, and Democratic election lawyers, and noted that the DNC pledged to continue challenging his ballot access.(cbsnews.com) Nevada and North Carolina are widely treated as presidential battlegrounds; in Nevada, the state Democratic Party helped coordinate a lawsuit to keep him off the ballot, and in North Carolina, Clear Choice challenged his We The People party petition as unlawful.(cbsnews.com)

Separately, Democratic actors pursued ballot challenges in other swing states. In Georgia, “Democratic lawsuits” led the chief state administrative law judge to kick Kennedy and other independents off the ballot before the secretary of state later restored some candidates and deemed Kennedy’s case moot after his withdrawal, with Democrats considering an appeal.(en.wikipedia.org) In Pennsylvania, a closely watched swing state, voters represented by election lawyer Tim Ford filed a petition in Commonwealth Court seeking to keep Kennedy and Shanahan off the ballot, arguing signature and residency defects in their nomination papers.(wtae.com)

DNC‑backed plaintiffs also succeeded in New York, where two voters backed by the DNC and the Democratic‑affiliated Clear Choice Action challenged Kennedy’s petition on residency and signature grounds; state courts removed him from the ballot, and the U.S. Supreme Court ultimately let that exclusion stand.(en.wikipedia.org)

Taken together, these actions show a sustained, multi‑state legal strategy by the DNC, state Democratic parties, and Democratic election lawyers—including in major battlegrounds like Nevada, North Carolina, Georgia, and Pennsylvania—to keep the RFK Jr.–Shanahan ticket off ballots or make access harder. Even if one quibbles over whether the final tally of such efforts in “5–6” specific swing states was exact, the substantive core of Sacks’s prediction—that Democratic/Biden‑aligned lawyers would mount an aggressive legal ‘full court press’ in key decisive states to block the Kennedy–Shanahan ticket from the ballot—was borne out by events.