Court Rejects Move to Recall NJ Sen. Menendez

Tea party activists won’t be able to foster a recall of New Jersey Democratic Sen. Robert Menendez — for now anyway. The New Jersey Supreme Court ruled against a tea party-led effort for a recall as unconstitutional Thursday, Politico reports.

By a margin of 4-2, the justices said the Constitution forbids the recall of a sitting U.S. senator.

Lawyers for The Committee to Recall U.S. Sen. Robert Menendez contend that New Jersey law allows for such a recall, but the justices decided that federal law has precedence over the state law.

A state appellate court had ruled that organizers could go ahead with the recall effort. But the court stayed the ruling, preventing organizers from gathering signatures until Menendez lawyers filed an appeal.

The recall committee, led by the Sussex County Tea Party Patriots, has said it’s willing to take the dispute to the U.S. Supreme Court if necessary.