NJ court: Tea party bid to oust senator must wait

[a kennedy]

TRENTON, N.J. (AP) -- A New Jersey appeals court has put on hold a conservative tea party group's effort to throw a Democratic U.S. senator out of office.

The three-judge panel Tuesday initially ordered the secretary of state to accept the group's petition seeking to recall Sen. Robert Menendez. But then court issued a stay because the case is likely to be appealed.

The group wants to begin collecting the 1.3 million voter signatures they need to get a recall on the ballot.

The court set aside the larger question of whether voters have a constitutional right to recall a federal lawmaker.

New Jersey is among 18 states that allow recalls of statewide elected officials. There is no right to recall congressmen and senators under the U.S. Constitution.

The court says it would take up that question if the petition drive succeeds.

article: <http://hosted.ap.org/dynamic/stories/U/US_NJ_SENATOR_RECALL?SITE=FLTAM&SECTION=US>

[gratuitous]

1. A curious opinion

I was reading about it over on Daily Kos. The panel basically said that the citizens can't recall their Senator once he's elected, but they're not going to weigh in on the matter until the tea baggers actually succeed in putting the recall on the ballot. My reading is that the judges are saying "We don't think you can get 1.3 million signatures, but go ahead and spend your time and money trying to do so. If you actually do get the signatures, we'll look favorably on any lawsuit that says recalling a U.S. Senator is unconstitutional." The tea baggers would have to be pretty stupid to keep going ahead with their efforts in the face of this decision.

:think:

Oh. Never mind.

[tritsofme]

2. Senators have six year terms, the only way out is resignation, expulsion, or death.

State laws do not trump the Constitution. It is settled law that states lack the power to set term limits on federal officeholders, this is no different.