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Tuesday, April 6, 2010

NJ Democrat Fights Recall in Court

Sen. Robert Menendez (D-N.J.) is asking the New Jersey Supreme Court to stop a tea party-led effort to recall him from office.

His office announced Monday evening that Menendez was appealing to the state's highest court to rule that the recall effort is unconstitutional since the U.S. Constitution does not explicitly allow for the recall of sitting U.S. senators.

"Mainstream New Jerseyans believe deeply in the U.S. Constitution, which for more than 200 years has made ours the greatest form of government in world history,” said Afshin Mohamadi, a Menendez spokesman. “This attack on the Constitution undermines our uniquely American system of democracy and will be contested. It would be deceiving to the electorate to pursue a process that ultimately would be nullified by the Constitution.”

The move comes several weeks after a state appeals court—citing New Jersey law allowing for the recall of statewide elected officials—ruled that the case could move forward.

“The lower court declined to decide the fundamental matter at hand, and this is why we are appealing and hope that the New Jersey Supreme Court addresses this important issue,” said Mohamadi. “In the meantime, Senator Menendez continues to be focused squarely on his work in the Senate to help create jobs, ease the burden on family budgets and provide tax relief to those who need it most." - Politico Story

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