Holy shit: NJ Court OKs Tea Party Group's Bid to Oust Senator

[Perky]

By THE ASSOCIATED PRESS


Filed at 11:07 a.m. ET

TRENTON, N.J. (AP) -- A New Jersey appeals court is allowing a conservative tea party group to proceed with an effort to throw a Democratic U.S. senator out of office.

The three-judge panel Tuesday ordered the secretary of state to accept the group's petition seeking to recall Sen. Robert Menendez. That allows the tea party activists 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.

--------------------------

This is a very scary thing when you think about it. Think about what happened to Grey Davis when an angry mMob got together in California. That would mean every Senator would be subject to the same type astroturfing effort financed by corporate interests.

[onenote]

1. the court merely allowed the petitioners to continue trying to get signatures

There is a long way, and numerous legal battles, before they could ever get on the ballot. If you read the decision, the court discusses both the arguments for and against allowing recall of US Senators (something some here have advoctaed in the past as I recall) and while they concluded that there are arguments on both sides, I read the ruling as suggesting that if push came to shove, they were likely to find that the US Constitution precluded recall efforts.

[NJmaverick]

2. Tea Party is working overtime to try and remove blacks and latinos from office

[LeftishBrit]

3. Thought you couldn't recall a member of congress?

This sort of thing is why I'm not totally on board with the latest British drive to allow the recall of MPs. Most left-wing Brits think it would be a good idea, especially in view of the expenses scandal; but I am sure it would be mainly used by the RW tabloids to whip up pressure for the removal of anyone seen as too left-wing, pro-immigrant, or 'coddling criminals'.

[MarjorieG]

4. Why again? And who happens to be head of the Senate re-election efforts.

A good guy who was maligned during his own re-election efforts.

[KingFlorez]

5. This will not go through

If they get the signatures, the court isn't going to rule in their favor, it's just not constitutional.

[Ozymanithrax]

6. If their petition drive should succede, it is sure to go to the SCOTUS...

Where the Roberts Court will use all due diligence to give it a fair hearing, from the Liberty Central wing of the Supreme Court.

[yellowcanine]

9. Probably not. It is not a close Constitutional issue. The SCOTUS is unlikely to grant Cert.

[Ozymanithrax]

10. You may be right. Years ago the court stuck down sate laws that ...

tried to pout term limits on U.S. Congressmen and Senators. This seems related to that concept.

[hlthe2b]

7. THER E is no right to recall Congressional Reps in US Constitution

The court is keeping the little gnats busy with their little petition drive, but as they clearly said, that point of law was not addressed. It would be thrown out as unconstitutional.

[yellowcanine]

8. The Court just said they had to "accept" the petition. Doesn't mean they have to put the recall on

on the ballot. I think this is the right decision. People have a Constitutional right to petition their government on any matter. You can't prohibit that. Whether they will even get the required number of signatures and whether it has to go on the ballot are other matters.

Grey Davis is a red herring. The California constitution clearly allowed recalls of a governor. There is no such provision in the U.S. Constitution for Senators and Congress members.

[bigdarryl]

11. I live in NJ and with what Gov.Christy is doing there the tea party's effort

to throw Melendez out of office is GOING NOWHERE!!!! trust me Christie has been in office two and a half months and already people are sick of him with his tax cuts for people making 400,000 and more and cutting aid to local schools and cutting unemployment benefits to the unemployed and now he is putting a panel together to go around and see which state jobs can be PRIVATIZED.

[LiberalFighter]

12. Does a NJ state court have jurisdiction?

[yellowcanine]

15. Maybe but they can be overruled by a Federal Court , as it is clearly a U.S.

And I believe the Constitution sets out the rules for elections of Senators and Congress members, which would include the election date and term length - so unless a Senator resigns or dies there is no provision for replacing a Senator before the end of the term. Back when State Legislatures elected the Senators it may have been possible but I believe this is no longer possible. But I would love to have the baggers try it.

[LiberalFighter]

13. NJ law is efed up

They allow 320 days to collect signatures for a petition when it involves the recall of Governor or Senator.
But only 160 days for all others.


They shouldn't have separate time frames to collect the signatures. They have the same filing period when candidates have to file to run.
They shouldn't allow nearly a year for them to collect signatures.

IMO they should not allow more than 180 days for a recall signature drive. 120 days would probably be more appropriate.


It may be a moot point considering that that they need over 1.3 million registered voters to sign the petition. That is more than 50% of the number of voters that voted in the last election.

[Spazito]

14. The court has ordered a stay on this...

NJ court: Tea party bid to oust senator must wait

DU thread on this:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=433x225121

[Cha]

18. Thanks for that, Spazito.. I rec'd it and it's

at zero so I'm thinking we have some friggin teabaggers around here.

[Bitwit1234]

16. But other than the fact that they don't like what he voted for

they really don't have a case. So why don't they get a group to try to outst Christie already. Same thing.

[FrenchieCat]

17. Meanwhile some Folks at DU continue to treat like the Democrats in DC

are our enemies, while the Republicans continue their assault literally aided
by the media and even some here at DU.

How does one fight a multi faced common enemy, when what should be your brethens
are more interested in attacking Democrats cause it's easier?